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(영문) 서울서부지방법원 2016.01.29 2015고단1533
건강기능식품에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of five thousand won,00,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative of the food sales enterprise called "(State)B" in the Seoul Gwangjin-gu Seoul Special Metropolitan City F, and Defendant B is a corporation established for the purpose of selling food, etc.

1. Defendant A

(a) No person who violates the Food Sanitation Act, 【Violation of any indication or advertisement that has efficacy or effect in the prevention and treatment of a disease, or that is likely to mislead or confuse as medicine or health functional foods 】 (1) shall indicate or advertise that the name, manufacturing method, quality or nutrition labelling, genetic materials, associations of foods, and food history tracking and control labelling of foods, etc., with respect to the indication of the name, manufacturing method, quality or nutrition labelling, etc. of foods, etc., or that such indication or advertisement is likely to cause misconception or confusion as medicine or health functional foods;

Nevertheless, from July 1, 2014 to January 5, 2015, the Defendant advertised “H” products using the Internet (G) with “H” products. As to “Lactobaccinus’s alcohol factors”, the Defendant is deemed to have efficacy and effect on disease treatment, such as 10,00,00 won and 50,00 won in total, to promote the growth and growth of PPP2, 4% of the total market price of children and 5% of the PPP2, as indicated in [Attachment 6] 3,00,00,000 won in the name of “PPP2,00,000,000 won and 5,000 won in the name of 6,000,000 won in the name of PP2, 5,000,000 won in the name of 4,00,000 won in the name of PPP.

Accordingly, the Defendant’s products “H”, a general food.

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