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(영문) 부산지방법원 동부지원 2018.11.08 2018고정526
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 17, 2017, the Defendant, while conducting an agency business for the purchase of health functional foods with the trade name of “B,” posted a statement on D’s business stores located in Busan, stating that “D’s product will help reduce the risk of occurrence of sacitys,” and advertised “E” products, which are health functional foods, by posting a statement explaining “F’s aid to saccine and disguised health,” and by advertising “F” products, which are health functional foods, the Defendant posted a statement explaining “F’s aid to saccine, luminous, saccine, and saccine,” thereby making an indication or advertisement that the said products may have efficacy or effect in preventing and treating diseases, or cause confusion and confusion as medicine.

Summary of Evidence

1. The defendant's partial statement (the defendant's factual relations, such as facts charged, are recognized)

1. A written accusation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 43 (1) 2 of the Health Functional Foods Act and Article 18 (1) 1 of the Act on Health Functional Foods, comprehensively including the relevant legal provisions and the choice of punishment for a criminal offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

It argues that it is difficult to see that it does not constitute a crime.

However, each phrase of the advertisement of the product of this case clearly includes the word “alleys”, “infection”, and “infection”, and it can be seen that each of the above words is placed forward of each advertisement phrase.

Although the purport of the phrase of this case is stated as a general health functional food after each disease of the phrase of this case.

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