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(영문) 서울중앙지방법원 2017.11.09 2017고단2379
건강기능식품에관한법률위반
Text

Defendant

A Imprisonment with prison labor of one year and a fine of seven million won, and Defendant B shall be punished by a fine of one million won, Defendant C and D, respectively.

Reasons

Punishment of the crime

1. Defendant A, B, C, D, and E’s joint crimes are persons running the “F” corporation F (hereinafter “F”) located on the sixth floor of the Qu University RR university located in Seoul P, the business purpose of which is the health functional food sales business and visiting sales business.

Defendant

A shall be Jongno-gu Seoul

S. From the underground 1st floor on a size of approximately 495 square meters, a Kacter, a product storage room, store, sound facility, and lighting facility are installed, and Defendant D and T (Suspension of Prosecution on the same day) play a role as a public relations instructor who promotes health functional foods, by dividing each business team into one half and two half each, and managing the customers of the elderly; Defendant B and U (Suspension of Prosecution on the same day); Defendant C and V (Suspension of Prosecution on the same day); Defendant C and V (Suspension of Prosecution on the same day) are in charge of accounting, such as receipt of goods prices and issuance of tax invoices; and Defendant C and V (Suspension of Prosecution on the same day) are in charge of distribution management, including delivery of goods, to the above public relations team; Defendant E play a role as a public relations instructor who advertises health functional foods.

No one shall make a false or exaggerated advertisement with a content that is effective or effective in the prevention and treatment of diseases, or that is likely to mislead or confuse as medicine, with regard to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and management of records of functional health foods, and no distributor of functional health foods shall sell products by promoting a speculative spirit, such as providing samples or free gifts in selling such foods.

Nevertheless, in collusion with the Defendants, from October 6, 2016 to October 1, 2016, the F Publicity Center: (a) sold household goods at low prices of KRW 1,000 to KRW 2,000 to the public relations center; and (b) advertised the “W” (hereinafter referred to as the “W”), which is a health functional food, against the elderly; and (c) publicize the “W” (hereinafter referred to as the “W”), which is a health functional food, the Defendants need to strengthen the bones of the removal of salt in the whole world.

(A) At the same time, it is necessary to play an alternative role in the future.

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