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(영문) 창원지방법원 마산지원 2014.08.12 2014고정326
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No sales business operator of functional health foods shall indicate or advertise that there is efficacy or effect in preventing or treating diseases, or that there is a possibility of misconception or confusion as medicine.

Nevertheless, from November 27, 2013 to February 4, 2014, the Defendant advertised 13 kinds of health functional foods, including “Arox Q from the Internet open market to the Internet open market’s red ginseng, etc., along with advertising materials: (a) the Defendant advertised 13 kinds of health functional foods, including “a total of the 13 kinds of 13 health functional foods, such as salt, the thale, the thale, the thale, and the stale effect of the ledger,” as if they have efficacy and effect on the prevention and treatment of diseases.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of the statutes governing copies of advertising areas;

1. Article 44 subparagraph 4 of the relevant Act and Article 18 (1) 1 of the Health Functional Foods Act (amended by Act No. 1269) concerning criminal facts and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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