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(영문) 부산지방법원 2015.04.08 2014고정3653
건강기능식품에관한법률위반
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Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

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 traceability of functional health foods has efficacy or effect in preventing and treating diseases, or that such foods are likely to be mistaken for or confused with drugs, with respect to the name of functional health foods.

1. Defendant A and Defendant B conspired with the Defendants to sell “H”, which is a health functional food, at the F office located in Busan Metropolitan Government E, from around November 2013 to December 30, 2013, Defendant A and Defendant B sold false and exaggerated advertisements, stating that “H health functional food is a prone governing medicine with all illness with a strong improvement of all illness and a good friendly eroporacy.”

2. On November 29, 2013, Defendant C sold “H”, a health functional food, to I within the above F Office, and made a false and exaggerated advertisement by stating “h” as “h, which is good and good in brain color.”

Summary of Evidence

1. Defendants’ respective legal statements

1. The statements of witnesses G and I in the second trial records;

1. Police seizure records;

1. Each investigation report, the Defendants and the defense counsel asserted that the Defendants only explained the contents of the printed materials produced at the head office while selling G and I the products of “H” to G and I, and that they did not make an exaggerated advertisement in the form of Mamination, and G and I also knew the efficacy of the above products as a member of H.

However, according to the above evidence, such as the statements in G, I’s investigative agencies, and the court, it is sufficiently recognized that the Defendants, while selling the above products, explained to G, I that “products are too good. All illnesss are improved. It is good for all kinds of illness. Maula and Maula,” “consent and good body in cerebral color.”

G, while I was a member of H, it is due to the fact that it was simply expected to receive profits as a member of the multi-level marketing organization, and it is sufficiently explained about the effect of the above product.

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