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(영문) 대전지방법원 2014.09.02 2013고단5014
사기등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to engage in general sale of health functional foods for the general sale of health functional foods, shall report to the competent authority;

Nevertheless, the Defendant, without reporting to the competent authority, sold 152 copies of “F”, which is functional health foods, to many and unspecified customers, from the early February 2, 2014 to March 12, 2014, from the Daejeon E, to the early February 2, 2014, thereby selling 7,235,000 won to the general sale of functional health foods.

(b) No one shall indicate, advertise, or advertise that the name of a health functional food, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, etc. of health functional foods, the efficacy or efficacy of which is likely to cause mistake or confusion as to the prevention and treatment of diseases, or labeling or advertising that is likely to cause mistake or confusion as to drugs, or foods subject to deliberation;

Nevertheless, from early February 2014 to March 12, 2014, the Defendant, using “G” and printed materials, at the same place as the sales site of “B,” and at the same time as the foregoing paragraph (a), strengthens the message of “F,” which is a health functional food, and increases the effect of piracy. It includes a large quantity of spora, and is an important material used to treat various types of cancer. The Defendant continued hiver effect without undergoing deliberation.

As a result, the Defendant, without deliberation, expressed or advertised that there is efficacy or effect in preventing and treating diseases, or that there is possibility of misconception or confusion as medicine.

2. The Defendant B, a representative of the Defendant, committed an act identical to that of the Defendant in relation to the Defendant’s business at the same time and place as that of paragraph (1).

Summary of Evidence

1. The defendant A's partial statement

1. A report on the arrival of domestic animals;

1. Each investigation report (each document attached thereto) out of the evidence of the 2014 Highestest 1258 Incident.

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