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(영문) 울산지방법원 2014.01.08 2013고단2398 (1)
건강기능식품에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant manages the workplace as the representative of “D” on the 1st floor of Ulsan-gu C building in Ulsan-gu, and the separated co-defendant E advertises with the customer as the head of the business of the said D, and advertises products after singing with the customer, and the same F brings the product to the customer by the director of the said “D”, and the same G takes charge of the duty to arrange books on the goods sold under the accounting of the said “D”, and the same H and I are employees in charge of the duties of selling goods and cleaning, etc.

1. No person who sells health functional foods shall sell products by promoting a speculative spirit, such as securing the stability of health functional foods, quality control, maintenance of order in the distribution thereof, and provision of free gifts, in order to promote national health;

Nevertheless, the Defendant in collusion with E, F, G, H, and I, from July 24, 2012 to January 22, 2013, sold strawer products, etc. classified as functional health foods at the same place as that of paragraph (1), and sold products with a total amount of KRW 14,960,00,00 to customers, such as dancing and singing, etc., and providing customers with gift certificates of KRW 10,00 or the amount corresponding to the above amount of money as examples of items, thereby encouraging customers to have a speculative spirit so that they can not make a decision on products, and selling products with KRW 10,00,00 to customers, as shown in the attached list of crimes.

2. No business operator shall make any false or exaggerated indication or advertisement with regard to the name of functional health foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of functional health foods;

Nevertheless, the Defendant, in collusion with E, F, G, H, and I, sold fluenites, which are functional health foods, at the same place as Paragraph 1, around 14:00 on January 9, 2013, and was living in Hoju for 20 years from Hoju to operate the flusium company, and whose flusiums and relatives were completely cured.

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