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(영문) 의정부지방법원 2017.11.29 2015고단4323
건강기능식품에관한법률위반
Text

Defendant

A Imprisonment of one year and two months, Defendant B’s imprisonment for six months, Defendant C’s fine of 2,00,000 won, and Defendant.

Reasons

Punishment of the crime

1. No defendant A business operator shall sell functional health foods that fail to meet the standards and specifications for manufacturing, using, preserving, etc. functional health foods for sale determined by the Minister of Food and Drug Safety;

From May 2, 201 to October 16, 2014, the Defendant sold 1,500 capsuleule B, containing the “Seule,” which is a raw material that prevents the use of functional health foods in manufacturing functional foods in the above criteria and specifications, from the Defendant’s operation of the Defendant located in K in Daejeon-gu Daejeon.

Accordingly, the defendant sold functional health foods that do not meet the standards and specifications.

2. No defendant B business operator shall sell functional health foods that fail to meet the standards and specifications for manufacturing, using, preserving, etc. functional health foods for sale determined by the Minister of Food and Drug Safety;

From May 2, 201 to June 7, 2015, the Defendant sold “N” functional health foods, which were operated by the Defendant in Guri-si, to OO pharmacists, etc. on the condition that the Defendant would receive KRW 8,000 to KRW 9,00,00,00 from 1 1 1 mar’s mar (i.e., raw materials that cannot be used in manufacturing functional health foods purchased from A as above, or that the Defendant would receive KRW 8,00 to 9,00 from 1 mar.

Accordingly, the defendant sold functional health foods that do not meet the standards and specifications.

3. No defendant C business operator shall sell functional health foods which violate labelling standards;

On December 28, 2012, the Defendant: (a) purchased and kept a capsule of KRW 10,000 ( KRW 9,000 in capsule 1) purchased from B, as described in paragraph (2), at the O pharmacy operated by the Defendant in Gyeonggi-si P on December 28, 2012; (b) the Defendant purchased and kept a capsul of KRW 90,000 ( KRW 9,00 in capsule 1); (c) the Defendant “Saemba, without prescription,” “Saemba,” a health functional food packageed to customers in the name of Non-Party 1.

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