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(영문) 대구지방법원 상주지원 2014.11.25 2014고단553
건강기능식품에관한법률위반등
Text

Defendant

A and Defendant B shall be punished by imprisonment of 10 months, by imprisonment of 6 months, and by a fine of 2 million won.

Reasons

Punishment of the crime

Defendant

A (the representative of “G”) and Defendant B, who are engaged in the business of gathering and selling food, functional health foods, etc. after gathering consumers through a public performance by establishing an event site throughout the country. Defendant A conspired to take charge of the management of physical color, selling goods, customer guidance, etc. at the event site, and Defendant B reported the door-to-door sales business at H around September 16, 2014 at the time of opening the event site.

At this point, the above Defendants take charge of the above duties, Defendant C took charge of performance, driving, cleaning, etc., and Defendant D took charge of the duties, such as management of books and receipts, and accounting.

1. No person who violates the Food Sanitation Act shall indicate or advertise that the name, manufacturing method, quality or nutrition labelling of foods, etc., genetically modified foods, etc., or food traceability labeling is likely to have efficacy or effect in preventing and treating diseases, or to mislead or confuse them as medicine or functional health foods;

A. Nevertheless, around September 26, 2014, the Defendants conspired in collusion to sell “astronomical three-one thousand three-one thousand three-five percent of the extracted processed food” (including 25 percent of the extracted chest, 15 percent of the extracted chest, 10 percent of the extracted simuls, 10 percent of the effective red ginseng extraction color 10 percent, etc.) to consumers at the above place of business, and advertised that “The blood cycle is well good if the product is consumed, the skin is clean, the dementia is not good, and simple, good. Accordingly, it is good for those who have blood pressure.” It is also helpful to recover from the urology and those who have blood pressure, and men are likely to mislead or confuse the efficacy and effect in the prevention and treatment of diseases, or health functional foods.”

Accordingly, the Defendants sold one of the above products to consumers I at KRW 598,00,00, etc. from around that time to October 17, 2014.

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