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(영문) 서울서부지방법원 2017.05.18 2017고단525
건강기능식품에관한법률위반
Text

Defendant

A Imprisonment of 10 months and fines of 3,000,000 won, Defendant B’s imprisonment of 8 months and fines of 3,00,000 won, and Defendant.

Reasons

Punishment of the crime

Defendant

A The representative director of Mapo-gu Seoul Metropolitan Government D and 401, Defendant B supplied 'E and F', which is functional health foods, to Defendant C, and advertised 'E and F', and Defendant C is a corporation with the purpose of red ginseng manufacturing Do and retail business.

1. A person who intends to sell defendant A functional health foods shall install facilities for each place of business and report such business to the Special Self-Governing City Mayor, the head of the Gu, etc. having jurisdiction over the location of the place of business;

Nevertheless, the Defendant, without filing a business report from March 2016 to November 15 of the same year, sold a total of KRW 562 sets, 84,300,000 to unspecified customers who received the supply of “E and F”, which is functional health foods, from G, and visit the place.

As a result, the defendant did not report the business and sold functional health foods.

2. No one shall indicate, advertise, etc. that the name of health functional foods, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, and tracking and management of records of health functional foods, have efficacy or efficacy in the prevention and treatment of diseases, or that is likely to mislead, confuse, or confuse with drugs, with regard to the name of health functional foods;

Nevertheless, from March 2016 to November 15 of the same year, the Defendants conspired to act on the product “E and F” (hereinafter “products of this case”) which is functional health foods to unspecified customers in the said stock company C from March 2016 to November 15 of the same year.

Da. High blood pressure and urology shall be improved.

The health functional foods were sold as stated in the above Paragraph 1.

As a result, the Defendants conspired to commit fraud, such as the efficacy and effect of disease prevention and treatment, or mistake and confusion as medicine.

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