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(영문) 인천지방법원 부천지원 2015.01.21 2014고정1561
건강기능식품에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B operated a functional health foods sales center (tentatively named promotion center) with the trade name “D” from the vice-gu, Seocheon-gu, Seocheon-gu, Seoul. Defendant B received benefits of KRW 700,000 per month from the above promotion center, and Defendant B sold functional health foods upon receiving KRW 10,200,000 from the above promotion center as an external instructor who promoted products at the request of the above promotion center.

1. A person who intends to sell health functional foods to Defendant A shall install facilities under the facility standards for the sale of health functional foods and report thereon to the head of the competent Si/Gun/Gu;

Nevertheless, the Defendant, without reporting to the Busan Metropolitan City Mayor, operated the Health Functional Foods Sales Center “D” in a manner that sells the sum of the Health Functional Foods “proxe” and “Mex” at the above Public Relations Center from May 20, 2014 to July 26, 2014, by selling the sum of KRW 40,300,000.

2. No business entity selling products shall promote speculative spirit, such as selling cases or offering free gifts, in order to ensure the safety of functional health foods, manage the quality thereof, maintain order in the distribution thereof, and promote national health;

Nevertheless, the Defendants conspired to sell health functional foods by providing customers attending at the public relations center on a temporary basis, such as the statement in Paragraph 1, with taxation, poppy, eggs, eggs, maths, capital reduction, etc., and by providing 12 customers who purchased the propool lease of health functional foods with cremation sets and 12 customers who purchased the patrixs of health functional foods free of charge, thereby promoting a speculative spirit.

3. The Defendants and E are the names of functional health foods, raw materials, manufacturing methods, nutrientss, ingredients, methods of use, quality and quality.

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