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(영문) 수원지방법원 안양지원 2015.12.04 2015고단1316
사기등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a sales company of functional health foods with a trade name “D” located in Ansan-gu C and the second floor in Ansan-gu.

No person who violates the Health Functional Foods Act - No one shall indicate or advertise that the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, etc. of health functional foods have efficacy or efficacy in preventing and treating diseases, or that there is a possibility of misconception or confusion as medicine.

Nevertheless, around January 10, 2015, the Defendant advertised and sold “W” and “X”, which are functional health foods for the elderly, including E, to the above companies, and sold “W” to “W”, “W has an effect on high blood pressure, urine, etc., good eurology, dementia, and blood circulation. To food, it can be improved if long-term clothes are used.” The above disease can be improved if you are recovered.” As for “X”, the Defendant advertised “X”, “I can be mistaken for an open user because it is good on the bones,” and sold “W” to 720,000 won per dog, and “X” to 280,000 won per dog, respectively.

The defendant, from that time to that time,

3. From the date of August 18, 200, the company sold 244,640,000 total sum of 185 people over 396 times, as shown in the annexed Table 1, in the same manner, and sold “W” 304 and “X” 92, and made an advertisement that is likely to mislead and confuse that the company has efficacy and effect in the prevention and treatment of diseases.

B. As stated in the above paragraph (a) above, the Defendant’s fraud committed against the victim E, who was the buyer whose ability to determine is not accurate, despite the fact that the above “X” was merely merely a functional health function and did not have the effect of treating the disease.

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