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(영문) 인천지방법원 부천지원 2015.10.23 2015고정12
건강기능식품에관한법률위반
Text

Defendant

A, B, each fine of KRW 5 million, Defendant C, E, and F, each of whom is a fine of KRW 1 million, Defendant D, and G.

Reasons

Punishment of the crime

No one shall indicate or advertise that the relevant health functional foods have efficacy or effect in the prevention and treatment of diseases, or that such foods are likely to mislead or confuse as medicine with regard to nutrients, ingredients, methods of use, etc. of health functional foods, and no seller of health functional foods shall sell products by encouraging speculation, such as selling examples or offering free gifts, etc.

Nevertheless, around March 27, 2014, the Defendants, at the publicity center of the “L” of the “L” of the Defendant’s operation in Yeonsu-gu Incheon Metropolitan City’s K, Defendant A, as the manager of the branch, Defendant B, as the manager of the branch, the overall responsibility for the management of the store and the employees; Defendant C, as the manager of the general affairs, the role of financial management; Defendant D, Defendant E, Defendant F, and Defendant G, as the head of each team of the first-fourth team of the first-fourth team, managed female members and encouraged the sale of the women and the aged, and conspired to sell the functional health foods by making false or exaggerated advertisements to the customers.

From the above date to July 16, 2014, the Defendants provided 200 customers about daily in the above public relations center with the right to exchange goods such as anti-carbonization and dysium in a manner that “propool lease takes anti-carbon action, prevents aging, prevent various kinds of salt as natural antibiotics, reduce the pain, and fysium is effective in the symptoms of the fysium, and the cysium is good in the fysium solution and the fysium is good in the fysium.” As such, the Defendants advertised the products as if they have efficacy in preventing or treating a specific disease, and sells health functional foods equivalent to 66,465,000 won in total by advertising the products as if they have efficacy in preventing or treating a specific disease, and by providing them with the right to exchange goods such as dysium and fysium at a remarkably expensive price to attract more customers.

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