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(영문) 수원지방법원 안양지원 2014.01.08 2013고정1174
건강기능식품에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant B is a person who has run a sales business of functional health foods with the trade name “F” from October 17, 2011.

No business operator shall sell functional health foods in violation of labelling standards, or manufacture, import, use, store, transport or display such functional health foods for sale.

On October 17, 2011, the Defendant published an advertisement that 'Plastics', a health functional food, was sold to the Internet site 'H' at the home of the Defendant, G apartment 306 Dong 304 Dong-gu, 304, the Defendant posted an advertisement that 'Plastics', a health functional food, was sold.

However, the 'Plastic 'Plastic 's 'Plastic 's 's 's 's 's 's 's 's 10,000,000/0.5g' which is a major component' was only a product of '10,000/g' which is less than the display quantity.

The Defendant posted an advertisement for the sale of functional health foods as above, thereby selling 2 boxes of “Plastic 10”, which is in breach of the labelling standard, from February 26, 2013 to March 28, 2013.

2. Defendant A was engaged in the sale of functional health foods under the trade name of “I” from July 12, 2004.

No business operator shall sell functional health foods in violation of labelling standards, or manufacture, import, use, store, transport or display such functional health foods for sale.

Nevertheless, between February 27, 2013 and March 29, 2013, the Defendant sold 2 gambling 2 'Plastics', which is in breach of the labelling standard, as described in paragraph (1) above, to B.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to J and K;

1. Responses to the request for cooperation in business, plans for recovery, etc.), the results of inspection of inappropriate food (pb10 protypes), the national bank passbook, the employment-based comprehensive passbook information, the details of transactions, and detailed details thereof;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to Internet output);

1. Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: each of the Defendants.

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