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(영문) 대구지방법원 2014.11.21 2014고정2225
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who conducts the e-commerce business of selling the functional health foods manufactured by the KCAB by means of market and office.

A person who sells health functional foods shall not place any indication or advertisement different from the fact, or shall not place any indication or advertisement that is likely to mislead or confuse consumers.

Around May 13, 2014, the Defendant posted a notice on the sales text of EXEP products to the G market, and then posted a photograph of fluena EXEP products currently isolated, and posted a notice on a 50 sample of nibera EXEPP products to the KOI, while posting a notice on a 50 sample of 10 square meters of nibena EXEPPP products.

Accordingly, the defendant made an indication or advertisement that could mislead or confuse consumers.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to accusation places, information on selling stores, sales appearance, appearance of things selling refined goods, display and sales of stickers, and receipt for product purchase;

1. Subparagraph 4 of Article 44 and Article 18 (1) of the Health Functional Foods Act concerning criminal facts, the selection of fines, and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the confession and reflection of the defendant, and the circumstances to be taken into account in the criminal records of the defendant, shall be determined in light of the various reasons for sentencing as indicated in the arguments in the instant case.

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