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(영문) 수원지방법원 성남지원 2014.05.02 2014고단603
건강기능식품에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for six months and fines for 5,000,000 won, and Defendant B shall be punished by imprisonment for four months.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a person who conducts food manufacturing business in the name of the person who is engaged in food manufacturing business in the name of the person who is an employee of the defendant A.

1. Defendants in violation of the Food Sanitation Act in collusion with each other from June 25, 2012 to April 16, 2013, using the source of enzymes (7-year acid (3,500m, etc.) purchased from new farmers in the above place, etc. from the above place, and Defendant A made food such as “seven-year acid (3,500m, etc.).” On February 21, 2013, Defendant A made an advertisement on the enzyme value as to the enzyme value in the sports newspaper on February 21, 2013.

2. The Defendants in violation of the Health Functional Foods Act conspired to sell enzymal values equivalent to the health functional foods, as described in the foregoing paragraph 1. even if the enzymal values were not functional foods from June 25, 2012 to April 16, 2013, by advertising the same amount as the health functional foods, and selling the enzymal values equivalent to the market value of KRW 96,394,00 in total.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. Each police interrogation protocol against H, Defendants, I, J, and K

1. Each police statement of L/M;

1. Statement of seizure of each police;

1. Details of the website, on-site photographs, leaflets, field photographs, site photographs (E), details of entrance and exit transactions, copies of the sales account books, reports on requests for appraisal, and newspapers and advertisements, respectively;

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