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(영문) 제주지방법원 2015.05.01 2015고단115
건강기능식품에관한법률위반등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendants violating the Health Functional Foods Act and the Food Sanitation Act are those engaged in the sale of health functional foods;

No person engaged in the business of selling health functional foods shall sell products by promoting a speculative spirit, such as securing the safety of health functional foods, quality control, maintaining order in the distribution thereof, and providing free gifts, etc., and sell or display for the purpose of sale functional foods in violation of labelling standards, such as quantity and time limit for distribution, and make any false or exaggerated advertisement with the content that the name, quality, etc. of health functional foods have efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse them as medicine, with regard to the name, quality, etc. of health functional foods, and no advertisement shall be made with the content that is likely to have efficacy or effect in preventing and treating diseases, or to mislead or confuse them as medicine or health functional foods.

Nevertheless, from September 2, 2014 to November 27, 2011 of the same year, the Defendant gathered to the effect that, at the “D” functional food retail shop operated by the Defendant in Jeju, many and unspecified persons should be provided with cooling, television free gifts, etc., and sold health functional foods (red red ginseng) with no indication such as intake and distribution time limit, to the extent that they are good in the pipe, good in the upper part, and good in the upper part, and good in the body of the people. The Defendant explained to the effect that they are good in the upper part of the upper part, that they are good in the upper part of the upper part, and that they are good in the upper part of the upper part, such as hynasium, etc., to the effect that they are likely to have efficacy and effect in preventing and treating diseases, or to mislead and confuse them as medicine, as shown in the attached Form 26,401,000 won.

2. Any person who has violated the Specialized Credit Financial Business Act;

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