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(영문) 광주지방법원 2016.01.08 2015고정1517
건강기능식품에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall indicate or advertise that the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and management of records of functional health foods, with the content that such foods may have efficacy or efficacy in preventing and treating diseases or that such foods may cause confusion as medicine.

However, from November 2013 to April 1, 2015, the Defendant advertised the “11-Chtp” product on the website (htp/www.1st co.co.) (htp) which is an Internet shopping mall, and advertised the product “high blood pressure” under Item (b) by posting a notice on the content of “high blood pressure”, thereby making an advertisement that is likely to have efficacy and effect in the prevention and treatment of diseases, or to mislead or confuse the product as medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes to intelligence investigation reports, internal investigation reports (Attachment to the online sales advertisement photographs of this case), internal investigation reports (the response to inquiries regarding the safety of food and drug products in this case), and internal investigation reports (the phone call of employees in charge of the safety of food and drug products);

1. Articles 43 (1) 2 and 18 (1) 1 of the relevant Act on Functional Foods for Health (to select a fine, but to impose a fine in consideration of the period of publication, etc. of the relevant product advertisement) concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In interpreting the meaning of Article 3 subparag. 1 and Articles 18 subparag. 1 and 18 subparag. 2 of the former Act on Health Functional Foods (Amended by Act No. 9932, Jan. 18, 2010); and Article 21 of the former Enforcement Rule of the Health Functional Foods Act (Amended by Ordinance of the Ministry of Health and Welfare No. 19, Mar. 19, 2010); Article 18 subparag. 1 of the former Act prohibits all labeling and advertising about the pharmacological efficacy of health functional foods.

It can not be seen, and it is also an indication or advertisement of such contents.

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