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(영문) 대구지방법원 2014.08.14 2014고정1268
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who sells health functional foods, such as D, in Daegu Dong-gu C.

1. Any person who intends to sell functional health foods without filing a business report shall install certain facilities for each place of business and report thereon to the head of a Si/Gun/Gu having jurisdiction over the location of the place of business, as prescribed by Ordinance of the Prime Minister;

그럼에도 불구하고 피의자는 2013. 8. 26.경부터 2014. 2. 5.경까지 대구 동구 C에서 건겅기능식품인 D를 판매하면서 건강기능식품에 관한 법률에 따라 건강기능식품 판매업 영업신고를 하지 않고 범죄일람표Ⅰ 기재와 같이 총 17회에 걸쳐 6,4000,000만원 상당의 D를 판매하였다.

2. No one who makes an advertisement without undergoing deliberation on false or exaggerated advertising, such as prevention and treatment of diseases, or without undergoing deliberation on functional advertising, shall make any false or exaggerated labeling or advertising with a content that is likely to cause mistake or confusion as to the prevention and treatment of diseases with respect to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of functional health foods, etc., or to mislead or confuse as a drug;

Nevertheless, from October 26, 2013 to March 7, 2014, the Defendant advertised D’s health functional food “E” to the Internet carpet, while selling D’s health functional food from the Daegu-gu Dong C, and advertised D’s health functional food “E” to the effect of disease, such as catherter, heart disease, heart disease, catitis, and chatitis. The Defendant advertised the above notice posted by the Defendant by linking the experience devices with the efficacy and effect of the disease, such as “cather, satis, pinson’s disease, satis, pinson’s disease,” etc., or, at the time of selling the product, provided him/her with a Pample that the effect and effect of the disease, such as “catherum, fatum, high blood pressure, catum, catum, and chatum.”

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