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(영문) 울산지방법원 2014.01.24 2013고정1319
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who sells red ginseng, mountain water, etc., which is functional health foods, in the name of "C" in Yangsan-si B.

Any person who intends to sell health functional foods shall report to the head of a Si/Gun/Gu having jurisdiction over the location of the place of business.

Nevertheless, the Defendant did not report to the competent authorities on May 2004 to May 30, 2013, and sold heavy oil and gyrings, etc., which are functional health foods, to many and unspecified persons in Ulsan, Yangsan, Changwon, and Tong Young, etc.

Accordingly, the defendant conducted health functional foods business without reporting the business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Requests for investigation and cooperation;

1. Application of Acts and subordinate statutes to investigation reports (in relation to attachment of sound monetary complex sold by a suspect, and attachment of photographs of functional health foods kept inside C for the management of a suspect);

1. Article 44 subparagraph 1 of the relevant Act and Articles 6 (2) of the Health Functional Foods Act concerning criminal facts and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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