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(영문) 인천지방법원 2014.09.02 2013고단7452 (1)
건강기능식품에관한법률위반
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, from the final date of this judgment.

Reasons

Punishment of the crime

No person who manufactures, processes, imports, or sells functional health foods shall use raw materials used only for medicines, manufacture functional health foods whose mixing, mixing, or content is the same as or similar to medicines, or import, sell, or display such functional health foods.

1. From December 15, 201, Defendant B sold to G an amount equivalent to KRW 1,500,000 (average average of KRW 700 per political party) of “F” products containing “T” and “F” products containing “T”, which are the ingredients of pre-divating drugs, at the Defendant’s house located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. From December 15, 201 to July 27, 2012, Defendant B sold a total of KRW 29,949,000 in total on 36 occasions from December 7, 2011 to July 27, 2012, as indicated in Appendix 2.

As a result, the Defendant sold health functional foods using tyrings, tyrings, and syrings as medicine.

2. Defendant A’s crime of conspiracy with H was committed by Defendant A, from June 20, 201 to April 30, 2013, Defendant A operated “K”, which is a seller of “F,” at the J located in Nam-gu Incheon Metropolitan City, Nam-gu. Defendant A is a person in charge of the urmac education and F sales while working as the head of the office from June 20, 201 to October 201.

In addition, H is a person in charge of F public relations and sales while working for the said K from June 20, 201 to December 31, 2011 as a youth.

The Defendant, in collusion with G, H, L, M, N,O, P, and Q on June 20, 201, sold to R an amount equivalent to KRW 200,00 (average 2,500 won per political party) of “F” products containing “T” and “F” products containing “T” (average 2,500 won per political party) for advance donation treatment at the above location, and sold to R total amount of KRW 118,62,000 for up to April 30, 2013 (Provided, That Defendant A sold to October 30, 2011) as shown in the attached list 3 of crimes committed.

Accordingly, the Defendant, in collusion with the above G and H, sold health functional foods using tyrings and penctains which are pharmaceutical products.

3. The defendant.

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