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(영문) 창원지방법원 진주지원 2014.10.23 2014고정345
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates C, a corporation that manufactures and sells "B", which is a health functional food.

No person who intends to manufacture or sell functional health foods shall indicate or advertise the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, etc. of functional health foods with any content that is likely to have efficacy or effect in preventing and treating diseases, or to mislead or confuse them as medicine.

Nevertheless, from the end of 2012 to January 24, 2014, the Defendant advertised “B”, which is a health auxiliary food manufactured and sold by the Defendant, on its own website, and published the advertisement “B”, which read, “B” as if the said “B” was a drug, by inserting the advertisement that is likely to mislead or confuse as if it were a drug, it would have the effect of improving blood behavior, improving bodily and physical strength, promoting air-conditioning infection, preventing bratitis, preventing bratosis pressure, and preventing brather high blood pressure, and in addition, during Ethren (Omera 3), the advertisement of “B” was made by inserting it as if it were a drug.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation of the Si/Gun;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 44 subparagraph 4 of the relevant Act and Articles 18 (1) 1 and 18 (1) 1 of the Health Functional Foods Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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