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(영문) 전주지방법원 군산지원 2016.01.08 2014고정204
건강기능식품에관한법률위반
Text

The Defendants are not guilty.

Reasons

1. The summary of the facts charged is a corporation with the purpose of manufacturing and selling functional health foods, and the defendant A is the representative director of the defendant corporation B.

(a) No person engaged in the sale of defendant A functional health foods shall promote speculative spirit, such as selling examples or offering free gifts, and sell products;

Nevertheless, from November 14, 2012 to December 22, 2012, the Defendant, from around 14, 2012, experienced at the “E” experience Da, 3rd floor, and given to many and unspecified visitors visiting the said site free of charge, and recruited customers by providing salt, rain, inner clothes, etc., and sold products of functional health foods in the aggregate amount of KRW 60,040,00,00,000, and “Amam-mar pel.”

As a result, the Defendant promoted speculative spirit such as selling cases or offering free gifts, thereby selling products.

B. The Defendant B’s representative director, who was the Defendant B’s Defendant, promoted a speculative spirit, such as selling examples or offering free gifts in connection with the Defendant’s business at the time and place specified in the preceding paragraph.

2. Defendant and his defense counsel’s assertion

A. While Defendant A established and operated a company B on March 2010, at the same time and at the same place as “E”, Defendant A sold products, such as ionomers, booms, strekes, and charcoal, while operating a medical device seller. The gifts paid to customers at E stores are paid in relation to the sale of bombs or medical devices, regardless of the sale of health functional foods.

B. On May 22, 2013, investigators in charge of investigation were those in charge of ordinary burial on May 22, 2013.

Despite F's intention to refuse seizure, E-art is searched without a warrant, which violates the warrant requirement.

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