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(영문) 수원지방법원 성남지원 2018.08.09 2018고정534
의료법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to manufacture functional health foods without permission shall obtain permission from the Minister for Food and Drug Safety for each place of business, as prescribed by Ordinance of the Prime Minister;

Nevertheless, from the early October 2017 when the Defendant obtained permission from the Minister of Food and Drug Safety, the competent authority, the Defendant engaged in the manufacturing of functional health foods by manufacturing an maapex of about 300 dunes, which is the functional health foods, in a method of inserting about 21 days, mixed with large electric scams, wals, wals, altereds, and various medicinal materials and hot water, mixed with heavy water from 35 persons in Gwangju City B's "D", and in a method of inserting about 10 days after the entry into force for 10 days.

2. No person who makes a false or exaggerated advertisement shall indicate or advertise that health functional foods have efficacy or effect in the prevention and treatment of diseases, or that such foods may cause mistake or confusion as medicine, with regard to the name of health functional foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, tracking and management of records of health functional foods, etc.;

Nevertheless, the Defendant, from early October 2017 after E, advertised so far as to make it possible for a large number of unspecified people to have outstanding effects on various cancers, urines, urines, fluences, physiological pains, parassis, skins, hepatitiss, and upper lines, etc. by advertising the content to the effect that it is called, thereby making an advertisement to the effect that the health functional foods are efficacy, efficacy, and effect in the prevention and treatment of diseases, or that it is likely to mislead or confuse it as medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of statutes on site photographs;

1. Relevant Article 43(1)1, Article 5(1)2, and Article 18(1)1 (a) of the Health Functional Foods Act concerning criminal facts, and Articles 43(1)1, and 43(1)2, and Article 18(1)1 of the same Act concerning the selection of fines (the fact that the defendant is against his/her gender, and there are no criminal records of the same kind.

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