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(영문) 인천지방법원 부천지원 2015.10.23 2015고정720
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No one shall indicate or advertise that the relevant health functional foods have efficacy or effect in the prevention and treatment of diseases, or that such foods are likely to mislead or confuse as medicine with regard to nutrients, ingredients, methods of use, etc. of health functional foods, and no seller of health functional foods shall sell products by encouraging speculation, such as selling examples or offering free gifts, etc.

Nevertheless, at around February 11, 2014, the Defendant, in collusion with D, E, and F, planned to sell functional health foods to customers, such as women and the aged, who visited the place, by sharing the role of advertising goods and controlling overall business activities, as the team leader, and encouraging the sale by encouraging the promotion of entertainment.

From the above date to May 28, 2014, Defendant D, E, and F advertised 120 customers as if they had efficacy in preventing or treating diseases, and sell propool lease, which is a health functional food, to the visitors, for six months, 560,000 won for one year, 1120,000 won for two years, and 1990,000 won for two years, respectively, and then sell free gifts, such as Bobners, goods exchange rights, and food cremation, etc., to attract more customers.

Accordingly, the defendant, in collusion with D, E, and F, advertised that health functional foods can be mistaken or confused as medicine, and sells health functional foods in a way that encourages speculation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against I, J, D, E, or F;

1. Each police statement of K and L;

1. M:

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