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(영문) 대전지방법원 2018.08.24 2017고정1327
약사법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall put a mark on a container, package or appended document for articles other than medicines which might lead to misunderstanding that they have medical efficacy, efficacy, etc., or sell them.

On May 18, 2016, the Defendant, at Hanwon-gu Daejeon District Court of Daejeon, added 30,000 square meters to the bags in which Hanwon-ro and Hanwon-ro had medical efficacy and 10,000,000 won were inserted to the boxes in which Hanwon-ro and Hanwon-ro were printed with 30,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Legal statement of the witness F, and some of the witness G legal statement;

1. Each photograph;

1. An investigation report (verification of registration, etc. of multi-stage sales business of a limited company D) (whether it is likely to mislead a person to have medical efficacy, effects, etc.) (see Supreme Court Decision 2003Do7319, May 14, 2004) should be based on the general perception of the public (see Supreme Court Decision 2003Do7319, May 14, 2004). The Defendant mixed various kinds of health functional foods with a summary bag (Evidence No. 154, 342, evidence records) in which he/she was caught as one Council member, and combined C with a oriental medicine doctor with a drug bag containing other health foods.

Irreh's written treatment of patients up to the end of the patient's treatment.

The phrase “” was inserted in the boxes (Evidence No. 341 of the evidence record) in which the phrase was inscribed, and there was no indication that contents were merely the functional health foods (such as plastic bags and boxes). (A) It can be sufficiently recognized that there was a possibility that the general society might mislead the deceased, who is the patient of Pakistan, to believe that the above functional health foods were effective due to the disease (the Defendant showed a patent that the above functional health foods were effective due to the disease) (the fourth trial record, etc.).

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