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(영문) 서울서부지방법원 2012.07.26 2012고정313
건강기능식품에관한법률위반등
Text

1. Defendant A shall be punished by a fine of three million won, and Defendant B and C shall be punished by a fine of one million won.

2. The defendants are above.

Reasons

Punishment of the crime

Defendant

A is a person engaged in the health functional food sales business under the trade name of Eunpyeong-gu Seoul Metropolitan Government E, and F, G, Defendant B, and Defendant C is a salesperson of the above company.

Defendant

A shall assume the overall responsibility of the foregoing enterprise to promote and explain products, and share the role of F, G, Defendant B, and Defendant C in transporting each product, attracting customers, providing promotional assistance, and paying private goods;

1. From June 1, 2011 to August 31, 2011, the Defendants against the Health Functional Foods Act opened a public relations center at the above place and opened as customers, and advertised false and exaggerated advertisements with the following contents: “The health functional food as seen above is likely to have efficacy or efficacy in the prevention and treatment of diseases, or to mislead the H et al., a health functional food.”

2. Defendants in violation of the Food Sanitation Act advertised that “Sium calcium calcium calcium calcium”, which is processed food, to I at the time and place under Paragraph (1) of this Article, would lead to confusion with medicine as if they were capable of efficacy in the prevention and treatment of diseases, as the processed food is “the persons with low calcium calcium calcium calcium calcium calcium calcium calcium calcium calcium calcium, and people with low du density in the bones of the above product if they drink

Summary of Evidence

1. Each legal statement of witness I and H;

1. Each police interrogation protocol against Defendants, F, and G

1. Statement of the police officer to I;

1. Application of statutes, such as site photographs;

1. Relevant laws and the choice of punishment concerning the facts constituting the crime;

(a) Points of false or exaggerated advertisements: Article 44 subparagraph 4 of the Health Functional Foods Act, Article 18 (1) 1 of the same Act, Article 30 of the Criminal Act;

(b) The point of advertisement that is likely to confuse with medicines: Subparagraph 1 of Article 97 and Article 13 (1) 1 of the Food Sanitation Act, Article 30 of the Criminal Act; and

1. Concurrent Crimes.

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