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(영문) 서울남부지방법원 2012.12.13 2012고정2189
건강기능식품에관한법률위반등
Text

Defendant shall be punished by a fine of 1.3 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No business operator who sells health functional foods of 2012 High 2189 shall sell, manufacture, import, display, transport or use functional health foods in violation of the guidelines for labeling the expiration date on containers or marks of functional health foods, or manufacture, import, display, transport or use functional health foods for sale.

Nevertheless, from September 201 to October 23, 2012, the Defendant sold ‘E’, which is a health functional food company D, to many and unspecified persons on the above Internet site, and sold it individually in small packaging boxes with no time limit specified.

Accordingly, the Defendant sold functional health foods that violated labelling standards.

No person of "2012 High 3254" shall sell cosmetics without indicating all ingredients used in the manufacture of cosmetics or cautions in the use thereof on the primary or secondary packages of cosmetics.

Nevertheless, around May 24, 2012, the Defendant sold cosmetic Co., Ltd. to many unspecified persons on the Internet site without indicating all ingredients used in the manufacture of the cosmetic and the precautions for the use of the cosmetic.

Summary of Evidence

[2012 High Court Decision 2010No. 12204]

1. Statement by the defendant in court;

1. A written accusation;

1. Equipment for the removal of non-marks, seller's information and details of purchase, photographs of purchase of products, and details of inquiries about expiration dates;

1. Investigative report (Submission of Suspect's business report), business report (No. 2012 type No. 49067);

1. The police statement concerning F;

1. Documents attached to the written accusation and written accusation;

1. Mulululule photograph "2012 high-scale 3254";

1. Statement by the defendant in court;

1. A written accusation;

1. Sales information and sales status, application of Acts and subordinate statutes to photographs of purchase of products;

1. Subparagraph 7 of Article 44 of the relevant Act on Functional Foods for Specific Crimes, Article 25 of the Act on Functional Foods for Health (the selling of healthy radioactive foods without indicating the deadline for distribution), Article 37 (1), Article 16 (1) 2, and Article 10 of the Cosmetics Act.

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