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(영문) 서울중앙지방법원 2013.10.17 2013고정4441
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who sells health functional foods, etc. in Internet shopping mall (B) operated by himself/herself.

No one shall place any indication or advertisement that may cause confusion as to the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, and traceability of functional health foods as medicine.

Nevertheless, from around December 2, 2012 to April 2, 2013, the Defendant posted a letter on the Internet shopping mall, stating that “The Defendant is trying to lower blood pressure, to assist with lowering the blood pressure, to stabilize the blood, and to remove the call roll in the human body,” and “PRARGI-9”, which is a health functional food, “the strengthening of immunity for the extension of the health life expectancy, to remove the blood organ from the blood organ, to the young, and to release the blood organ from the blood organ, to the young.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to investigation reports (on the Internet homepage advertisement page);

1. Article 44 subparagraph 4 of the relevant Act and Articles 18 (1) and Article 18 (1) of the Health Functional Foods Act concerning criminal facts, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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