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(영문) 서울남부지방법원 2017.07.21 2017고정978
건강기능식품에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who engages in communications sales business under the trade name of Gangseo-gu Seoul Metropolitan Government B and 1009.

No one shall indicate or advertise that the health functional foods have efficacy or effect in the prevention and treatment of diseases, or that such foods are likely to cause mistake or confusion as medicine, with respect to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and management of records of health functional foods.

Nevertheless, the Defendant, at the end of December 2016, entered the above “C” with respect to “E”, which is a health functional food, into “D”, which is a set between Internet NVber Scam farms, as well as preventing cTX powder, and E, which is an essential thing for the care of persons who have undergone aviation cancer treatment.

by inserting the phrase “E”, the term “E” indicated and advertised that the said term “E” has efficacy and effect in preventing and treating this disease, or that is likely to mislead or confuse it as medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning E advertisement output;

1. Article 43 (1) 2 of the relevant Act and Article 18 (1) 1 of the Health Functional Foods Act (excluding punishment) concerning criminal facts;

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

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

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