2013dan3163 Violation of the Food Sanitation Act, Pharmaceutical Affairs Act

1. ○○

2. Gangnam ○○

3. Kim○-○

4. Demotion;

5. Kim Madle

100

7. Stambed ○

8. Newly operated ○

19. Kim Jong-tae

10. Lower○○

11. Doz. ○

12. Cautions;

13. Poppy ○

14. west ○○

15. Roof Doz.

16. original ○○

17. This Act

18. Kim Ho-ri et al.

19. Transmission

20. Lighting-○

21. Voluntary ○○

22. sexual intercourse ○

23. Stock Companies:

○○○

24.Yari Cheong-ri

25. Park Do-ri and Do-ri;

26. High-level Governing Province;

27. The head of Si/Gun;

28.Equiririer

29. Kim △△△

30. Hari-ri, Hari-ri

Punishment (Criminal Prosecution) Madern (Public Trial) Madern (Public Trial)

Law Firm Domestic Law Firm, Attorneys Cheong-kil et al. (private ships for the Defendants)

December 26, 2013

1 . 피고인 이○○를 징역 1년 6월에 , 피고인 김○○를 징역 8월에 , 피고인 강◎◎ , 모 ○○을 각 징역 4월에 , 피고인 김◎ ◎ , 조○○ , 고☆☆를 각 징역 6월에 , 피고인 박 ○○을 징역 1년에 , 피고인 강○○ , 임○○ , 정☆☆ , 장☆☆을 각 벌금 300만 원에 , 피고인 신○○ , 김소 , 양○○ , 옥○○ , 박☆☆을 각 벌금 200만 원에 , 피고인 하이 ○ , 표○○ , 서○○ , 이소 , 김☆☆ , 송○○ , 성○○ , 김△△을 각 벌금 100만 원에 , 피고인 유○○ , 원○○ , 이☆☆ , 함☆☆를 각 벌금 70만 원에 , 피고인 주식회사 ○ ○을 벌금 1 , 500만 원에 각 처한다 .

2. In a case where Defendant Gangnam ○○○, New○○, Kim○, Ha○○, Ha○○○, Ha○○○○, ○○○○, Yang○○○, ○○○○, ○○○, Ma○○, ○○○, ○○○, ○○○, ○○, and ○○○○, Kim Jong-si, Kim Young-ri, Kim Jong-ri, △△, △△, △△, and △△, did not pay each of the above fines, the above Defendants shall be confined in the Nowon-gu for a period calculated by converting 50,000 won into one day.

3. However, the execution of each of the above punishment shall be suspended for two years from the date of the final judgment of each court in regard to Defendant Kim○○, Mackn, Macton, Kim Mackn, Mackn, Mack○, Mack-○, Mack-○, and Go

4. Defendant Gangnam-gu, New○○, Kim Il-young, Ha-○, Ha-○, Ha-○, ○○○, ○○○○○, Yang-○, Do-○, Do-○, and Do-○○○○, this, Kim Young-dong, Song-si, Ma-○, Ma-○, Ma-○, Ma-○, Ma-○, Ma-○, Ha-ri, Ha-ri, Ha-ri, Ha-ri, Do-ri, △△△△, and Do-ri, and ○○, Co., Ltd.

Facts of crime

【Criminal Power】

Defendant Audit and Madlele, on June 20, 2013, imprisonment with prison labor for a violation of the Pharmaceutical Affairs Act, etc. at the Daejeon District Court

On October 10, 2013, the suspended sentence was sentenced to two years, and the judgment became final and conclusive.

On June 20, 2013, Defendant ○○ was sentenced to a suspended sentence of two years on October 11, 2013 by the Daejeon District Court for a violation of the Pharmaceutical Affairs Act, etc., and the judgment became final and conclusive on October 2013.

[Criminal Facts]

1. Defendant Lee ○○, Defendant Kang○, Defendant Kim○, Defendant Kang○, Defendant Kang Madle, Defendant Kim Madle, and Defendant

In-person mother ○○, Defendant Park ○, Defendant Shin ○, Defendant Shin ○, Defendant Kim ○, Defendant Ha-○, Defendant 1, and Defendant

○○, Defendant ○○, Defendant 2, Defendant 2, Defendant 2, Defendant 2, Defendant 3, and Defendant 2

○, ○○, Defendant 1, Defendant 1, Defendant 1, Defendant 1, and Defendant 1, Defendant 1, Defendant 2, and Defendant 1, Defendant 2, and Defendant 3,

Defendant Cho ○-○, Defendant Jeon-○, Defendant Sung-○, Defendant Sung-○, Defendant Go-won, and Defendant Go-won’s co-principal.

A. The Defendants’ status, role, and public offering

Defendant ○○ is the representative director of ○○, a corporation located in the multiple pages of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do from June 7, 2012 to March 20, 2013, and has overall control over selling the products of △○○○ by falsely advertising and selling the products of △△△ Hong Hong ginseng in a large manner at that place.

From Jun. 7, 2012 to Mar. 20, 2013, △△○ operated the "Saeong City event located on the second floor of the building located in the Dong-dong, Daejeon-gu, Daejeon," and opened an advertisement to conduct low-price tourism and group tourism, and he was recruited to hear them to the above ○○, and he took overall control of the above ○○○'s role as "the head of the office", and took overall accounting affairs such as the number of visitors, list of sellers, sales amount, sales amount, and arrangement of sales data.

Defendant Gangnam-gu, from June 7, 2012 to March 20, 2013, around 00 to Defendant 20, pursuant to the direction of the Defendant Lee ○-○ and the ○○○○○○, Defendant Gangnam-gu took charge of overall accounting affairs, including the number of visitors, the list of sellers, the amount of sales, and the adjustment of sales data.

Defendant ○○○, and Defendant Gab○, respectively from June 7, 2012 to March 20, 2013; from February 1, 2013 to March 20, 2013, Defendant Gab○, the term “the effect of treating and preventing each kind of disease,” and from January 10, 2013 to March 20, 2013, Defendant Mab○○, respectively, called “the effect of treating and preventing each kind of disease,” which was sold at this place to the victims from March 12, 2013 to March 20, 2013.

Defendant 1: (a) from around September 17, 2012 to around March 20, 2013; (b) from around July 2012 to around March 20, 2013, Defendant 1: (c) from around October 3, 2012 to around March 20, Defendant 201; (d) from around March 1, 2012 to around March 20, Defendant 201 to around March 3, 201; and (e) from around March 1, 2013 to around March 20, Defendant 200 to around March 20, Defendant 1; (e) from around February 20, 2013 to around March 3, 201 to around March 20.

Defendant ○, from the end of June 2012 to March 20, 2013, was in fact operating the “△△○○○” in the Jung-gu Daejeon-dong from the end of the end of June 2012 to the end of March 20, 2013 and recruited customers by offering an advertisement that low-price of tourism and collective tourism is going to the said ○○.

From March 2013 to March 20, 201, Defendant 1 served as a tourist bus article in the “△△△△△,” located in the Ma-ri-ri, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and played a role of bringing customers recruited under the pretext of low-cost tourism and group tourism to the said ○○○.

Defendant Kim Jong-ri, from January 20, 2013 to March 20, 2013, served in the Doldong tourr from June 7, 2012 to March 20, 2013, Defendant Song-ri, while working in the Doldong tourr from June 7, 2012 to March 20, 2013, Defendant Kim Jong-ri played a role in soliciting customers by making a free call to an organization of the nation, senior citizens, etc. at a low price and free tourist according to the direction of the highest clause.

No. 201, No. 2011, No. 2010, No. 2010, No. 2010, No. 2010, No. 2010, No. 2010, No. 2010, No. 2010, No. 2010, No. 2010, No. 201, No. 2010, No. 2010, No. 2010, No. 2010, No. 2010, No. 2010, No. 2010, No. 2010,

Defendant 1: (a) from June 7, 2012 to October of the same year, Defendant 1: (b) from around 2012 to around 10, Defendant 1: (c) sold the products of “Saeong Hong ginseng Do” on credit in the above ○○○○; (d) played the role of collecting the outstanding amount; and (e) from around October 2012 to around March 20, 2013, Defendant 1 carried out a business of “Sari funeral service” in accordance with a tourist destination, such as “a school affairs in the school wing-ri, if distributed in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the head of the Si/Gun/Gu.” (e.g., a bus engineer, who was on board a group tourist customer, would have the bus engineer go to the said ○○○; and (e) had the bus engineer go to the said ○○.

B. The Defendants’ co-principal

According to the aforementioned division of roles, Defendant Kim ○○, Defendant Park ○, Defendant Park Il-man, Defendant Kim ○, Defendant Kim ○, and Defendant Ma○○○, sold at around June 7, 2012 to victims, such as the victim, who visited the above ○○○○○○○○○○○○○○○○○○○○○○○, on the basis of the aforementioned division of roles: “The △△△△○ Red Ginseng was merely a food type, but has special effects in terms of inter-liver, urology, high blood pressure, heavy wind, various cancers, strokes, etc., and thus, improving the new boundary and brain decentralization function. In addition, it is soon possible to absorb the public uniforms into the public uniforms, but in the event of a vegetable or disguised disorder, it is not likely that such an advertisement would be able to take advantage of the same kind of medicine, but is likely to have medical treatment and efficacy as soon as possible.”

On the other hand, Defendant New ○○○, Defendant Kim Jong-dong, Defendant Ha-dong, Defendant Ha-○, Defendant Ha-○○, Defendant ○○○○○, Defendant 2, Defendant Seo-○, Defendant Seo-○, Defendant 2, Defendant 1-○, Defendant 1-○, Defendant Jung-dong, and Defendant Park Young-dong, who is a sales-free shop, sold goods by entering into the goods contract with the elderly to purchase the goods.

Defendant early ○ solicited victims and let a bus engineer whose name is not known ○○, take them off to the above ○○, and Defendant Park Jong-○ had been engaged in the victims recruited under the pretext of low-cost tourism and group tourism up to the bus to the above ○○.

Defendant Kim Young-dong, and Defendant Song-dong, in order to attract customers to the above ○○○○, recruited customers under the pretext of making a low-end tourism and a short-end tourism, and the said customers to this ○○ through a tourist destination, etc. while guiding the customers who gather the above lux on a bus, and leading them to the above lux. Defendant Gangnam-gu had performed the overall accounting work, including the number of visitors, the list of sellers, the sales amount, and the list of sales amount, and the list of sales materials. The maximum number of Defendant Kim Young-ri, Kim Jong-dong, Defendant Song-dong, ○, ○○, △△○, Defendant △△△△△, Defendant ○, and Gangnam-do○○○○. The Do governor took overall control of this work.

Defendant 1, in the above ○○○○, recruited victims by soliciting bus officers who had been on board a bus to get customers on board the bus by collecting credit sales proceeds, taking care of tourist destinations, etc., and soliciting them to board the bus.

In addition, the defendant Lee ○-○ instructed the sales instructor, the sales helper, etc. to take overall charge of these activities.

이로써 피고인 이○○ , 피고인 강○○ , 피고인 김○○ , 피고인 강◎◎ , 피고인 김◎ ◎ , 피고인 모○○ , 피고인 박○○ , 피고인 신○○ , 피고인 김소 , 피고인 하○○ , 피 고인 표○○ , 피고인 유○○ , 피고인 양○○ , 피고인 서○○ , 피고인 옥○○ , 피고인 원 ○○ , 피고인 이○○ , 피고인 정☆☆ , 피고인 박☆☆ , 피고인 김☆☆ , 피고인 송○○ , 피고인 조○○ , 피고인 임○○ , 피고인 성○○ , 피고인 고☆☆는 최□□ , 석▽▽와 순 차 공모하여 위와 같은 방법으로 피해자 이▽▽에게 위 ‘ ☆☆☆ 흑홍삼 ☆☆ ' 를 66만 원 어치 판매하는 등 2012 . 6 . 7 . 경부터 2013 . 3 . 20 . 경까지 사이에 피해자 이▽▽ 외 4 , 408명의 피해자들에게 액상차인 ‘ ☆☆☆ 흑홍삼 ☆☆ ' 를 각종 질병의 예방 및 치료 에 효능 · 효과가 있거나 의약품 또는 건강기능식품으로 오인 · 혼동할 우려가 있는 내용 으로 광고를 하고 , 의약품이 아닌 것을 의학적 효능 효과가 있는 것으로 오인될 우려가 있는 내용으로 광고하여 합계 2 , 131 , 762 , 000원 상당의 ☆☆☆ 흑홍삼 ☆☆ ' 를 판매하 였다 .

2. Defendant ○○○, Defendant Gangwon-do, Defendant 1, Defendant 1, Defendant 1, Defendant 1, and Defendant 1, Defendant 1, and Defendant 2, and Defendant 1.

In this case, the co-principal of Defendant Kim △, Defendant Kim △, Defendant Park △, and Defendant Ha-ri, the co-principal of Dong-dong.

A. The Defendants’ status, role, and public offering

Defendant ○○ is the representative director of ○○, a corporation located in the multiple pages of Chungcheongnam-gun, Chungcheongnam-do from March 21, 2013 to April 17, 2013, and has overall control over selling products of “Sari-gu, △○” in this place, “Sari-gu, △△△, Red Ginseng, △△,” by falsely or in exaggeratedly advertising the products of “Sari-gu, △△”.

The highest level of accounting was called from March 21, 2013 to April 17, 2013 as the "head of the office" at the above ○○○ from around March 21, 2013, and was in charge of general accounting affairs, including the number of visitors, list of sellers, sales amount, and the adjustment of sales data.

Defendant Gangnam-gu, from March 21, 2013 to April 17, 2013, (i) around 000 to around 00: (ii) pursuant to the direction of the Defendant ○○ and the ○○○○○○, Defendant Gangnam-gu, in charge of all anti-accounting affairs, including the number of visitors, list of sellers, sales amount, and arrangement of sales data.

Defendant 1, from March 21, 2013 to April 17, 2013, Defendant 2: (a) the head of the Si/Gun/Gu, the head of Defendant 1, on April 16, 2013, sold the products to the victims from the above ○○○ on April 17, 2013, taking charge of the 'the term 'the term 'theor', such as making a false and exaggerated advertisement, as the products of the △△ △△ red ginseng products have excellent treatment and prevention of various diseases and have excellent medical efficacy and effects.

Defendant Jung-gu Seoul Special Metropolitan City, Defendant 1, △△△△△, and Defendant 1, respectively, played the role of “sale helper” in purchasing products by inducing the instructors to prepare a contract on the purchase of water and purchase goods when the instructors publicize their products from March 21, 2013 to April 17, 2013.

Defendant 1: (a) around March 21, 2013, from around April 17, 2013 to around April 17, 2013, Defendant 1: (b) performed the construction cleaning while working in the said ○○○○; (c) managed the inventory of products of △△△△ red ginseng, which is kept in the warehouse, and (d) took charge of the receipt of return by sending the said products to customers on their home.

B. The Defendants’ co-principal

According to the aforementioned division of roles, Defendant 1 ○○○○, Defendant 1, and Defendant 1 sold at around March 21, 2013 to victims who are unable to know their names visiting the above ○○○○○○○○○○○○○○○○○○○○○○○○, and around March 21, 2013, “The new mar x red ginseng is only food type, but its 20-30% high, 20% high, and 30% high-quality of the inter-scopic function. The maximum number of man-scopic functions from the copher to the copic, gymosisn, gymosisn, or gymnite, which are not high-quality and high-quality and high-quality incopic health foods, and there is no need to talk about the above copic pressure, and there is no possibility of misunderstanding and galivating health foods.”

On the other hand, Defendant Jong-si, the U.S. seller-do-ri, Defendant Dong-ri, Defendant Kim △△△, and Defendant Park Young-ri, had a goods contract, and the elderly sold products to purchase the products of the △△△ red ginseng in order for the elderly to purchase them.

Defendant Gangnam-gu had overall accounting work, such as the number of visitors, list of sellers, sales amount, and arrangement of sales data, and the highest director had overall control over the accounting work by ordering Defendant Gangnam-gu to do the above work.

Defendant 1, in managing the inventory of the products of the “Seong-gu, △△-ri, Black-ri, △,” Defendant 1 brought the products to the lecture room so that customers can sell the products, and the products were put to the customers who purchased the products at their home.

In addition, the defendant Lee ○-○ instructed the sales instructor, the sales helper, etc. to take overall charge of these activities.

이로써 피고인 이○○ , 피고인 강○○ , 피고인 장☆☆ , 피고인 박○○ , 피고인 정규 ☆ , 피고인 이☆☆ , 피고인 김△△ , 피고인 박☆☆ , 피고인 함☆☆는 최□□과 순차 공 모하여 2013 . 3 . 21 . 경부터 2013 . 4 . 17 . 경까지 사이에 위와 같은 방법으로 성명을 알 수 없는 피해자들에게 액상차인 ' ☆☆☆ 흑홍삼 ☆☆ ' 를 각종 질병의 예방 및 치료에 효능 · 효과가 있거나 의약품 또는 건강기능식품으로 오인 · 혼동할 우려가 있는 내용으로 광고를 하고 , 의약품이 아닌 것을 의학적 효능 · 효과가 있는 것으로 오인될 우려가 있는 내용으로 광고하여 합계 139 , 599 , 000원 상당의 ☆☆☆ 흑홍삼 ☆☆ ' 를 판매하였다 .

3. Defendant Lee ○-○

A person who intends to conduct food subdivision and sale business shall report to the Commissioner of the Korea Food and Drug Administration or the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.

The Defendant, from June 7, 2012 to June 21, 2012, sold the “Yong-gu △△” to the consumers from ○○, Inc., a company located in the multiple pages of Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do, Geumsan-gun, without filing a report as above with the head of Geumsan-gun, and to the consumers from △△△, other than 211.

Accordingly, the defendant operated food subdivision sales business without reporting to the competent authorities.

4. Defendant corporation 4 ○

가 . 피고인의 대표이사인 위 이○○ , 사용인인 박○○ , 김○○ 등이 제1항 , 제2항 기 재와 같이 피고인의 업무에 관하여 일반가공식품 중에서 액상차인 ‘ ☆☆☆ 흑홍삼 ☆ ☆ ' 의 품질 영양표시 등에 관하여 각종 질병의 예방 및 치료에 효능 · 효과가 있거나 의 약품 또는 건강기능식품으로 오인 · 혼동할 우려가 있는 내용으로 광고를 하고 , 의약품이 아닌 것을 의학적 효능 · 효과가 있는 것으로 오인될 우려가 있는 내용으로 광고를 하였 다 .

B. As indicated in paragraph 3, the above ○○○, the representative director of the Defendant, did not report the Defendant’s business to the head of Kusan-gun from June 7, 2012 to June 21, 2012, and sold “Yong-gu, △, Hong-ri, Hong-ri, △△” to the consumers, including 211 and carried out food subdivision sales business.

Application of Statutes

1. Relevant Articles of criminal facts;

A. The Defendants (excluding Defendant ○○ corporation): each of them shall be covered by Article 93(1)10 of the Pharmaceutical Affairs Act

Articles 61(2), 61(2), 30 of the Criminal Act, each inclusive of Article 97 subparag. 1, and 13 of the Food Sanitation Act

Paragraph 1(1)1, Article 30 of the Criminal Act

(b) Defendant ○○○: Article 97 subparag. 1 and Article 37(4) of the Food Sanitation Act.

C. Defendant ○○ Co., Ltd.: Each inclusive Article 97 and Article 93(1)10 of the Pharmaceutical Affairs Act;

Article 61(2), each of which covers Article 100, Article 97 subparag. 1, and Article 13(1) of the Food Sanitation Act

No. 1, Article 100, Article 97 subparag. 1, and Article 37(4) of the Food Sanitation Act

1. Selection of penalty;

A. Defendant ○○○, Kim○○, Gangwon-○, Kang○, Kim○, Ma○○, Ma○○, Ma○○, Gab○, Ma○, OO, and Seoul-si: each e-mail.

Indeption of reverse type

B. Defendant Gangnam ○○, New○, Kim○, Ha○○, Ha○○, Ha○○, Ma○○, Ma○○, Ma○, Ma○, Ma○, Ma○, and Maok-○,

원○○ , 이소 , 김☆☆ , 송○○ , 임○○ , 성○○ , 정☆☆ , 박☆☆ , 장☆☆ , 이☆

☆ , 김△△ , 함☆☆ : 각 벌금형 선택

1. Treatment of concurrent crimes (defendants, Materns, Materns and Materns);

Articles 37 (latter part) and 39 (1) of the Criminal Act

1. Concurrent Crimes (Defendants)

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse (defendant ○○○, New○○, Kim ○, Ha○○, Ha○○, Ha○○○, ○○, ○○, chi○, ○○, ○○, and wests);

○ , 옥○○ , 원○○ , 이소 , 김☆☆ , 송○○ , 임○○ , 성○○ , 정☆☆ , 박☆☆ , 장☆

☆ , 이☆☆ , 김△△ , 함☆☆ )

Articles 70 and 69(2) of the Criminal Code

1. Suspension of execution (Defendant Kim○, Doctri, Mactri, Mactri, Mactri, Mactri, Mactri, Mactri, Mactri, Mactri).

Article 62 (1) of the Criminal Code

1. Ad hoc payment order (Defendant Gangnam-○, Shin ○, Kim ○, Kim ○, Ha○○, Ha○○, ○○, ○○, ○○, chi○, ○○, and west-○);

○○○, ○○, ○○, ○○, ○○, ○○, ○○, Ma○, ○○, Ma○○, Ma-○, Masi, Do-ri, Do-ri, and Do-ri, the head of Si/Gun

In this case, Kim △△, △△, △△, ○, and ○○)

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

Taking into account the degree of social hazard of the instant crime, business period and size of sales, each role of the Defendants, the period of participation and the amount of profit acquired, criminal records, and all other factors of sentencing.

Judges Maximum-type iron