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(영문) 의정부지방법원 2017.02.16 2016고정2395
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who sells smM-100 knife knife knife knife knife knife knife knife knife knife in the fourth floor of Seocho-gu Seoul Metropolitan Government.

No business operator selling functional health foods shall indicate or advertise that the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, etc. of functional health foods have efficacy or effect in the prevention and treatment of diseases, or that such foods are likely to cause mistake or confusion as medicine.

Nevertheless, during the period from June 2, 2016 to June 4, 2016, the Defendant sold c m-100 and c knife oil, which are functional health foods, to six including D. As to c m-100, the Defendant advertised that “c c 60 times of mountain,” ginseng’s regeneration effect, 36,000 times of ginseng, c c m-100 times of cell regeneration effect, maritime history, sustainable growth promotion, growth activation, 50 years of U.S., and 23 years of Korea,” the Defendant advertised that “the knife oil did not have any one side effect between Korea and 23 years of knife” as “the knife knife knife removal capacity of oxygen, outstanding flue substance, 176 times of non-soft advertising, 20 times of knife-21, 2010.”

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. Advertisement leaflets and application form for membership;

1. Application of film-related Acts and subordinate statutes, such as documentary evidence and photographs;

1. Relevant Article 43 of the Health Functional Foods Act and Articles 43 (1) 2 and 18 (1) 1 of the same Act concerning criminal facts and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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