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(영문) 수원지방법원 안산지원 2015.10.07 2015고단321
건강기능식품에관한법률위반등
Text

Defendant

A, E, or F shall be punished by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive, Defendant A, E, and F.

Reasons

Punishment of the crime

Defendant

A is a person who operates a public relations center with "L" in Ansan-si, Ansan-si, and Defendant E is a person who manufactures and sells "N" food in the trade name of "M", and Defendant F is a person who sells "O" and "P" food.

1. No one shall indicate or advertise that foods have efficacy or effect in preventing and treating diseases, or that such foods are likely to mislead or confuse as medicine or health functional foods;

Nevertheless, at around 15:00 on September 18, 2014, Defendant E sold an excessive beverage in the food type of “N” to female older persons, and explained as if it had outstanding treatment effects on the wind, heart disease, and dementia disease. Defendant A sold 180,000 won to the above food box by soliciting older persons to purchase the above product, and then Defendant A sold 16.20,00 won in total to the above food box.

As a result, the Defendants conspired to indicate or advertise that there is efficacy or effect in preventing and treating diseases with respect to food, or that there is possibility of misconception or confusion as medicine or health functional foods.

2. No one shall sell, collect, manufacture, import, process, use, cook, store, subdivide, transport or display harmful foods, etc. which are likely to harm human health of Defendant F for sale;

Nevertheless, at the public relations center of “L”, the Defendant sold 100,000 won food to female older persons to a box with “P” food, and the Defendant 40,000 won and 60,000 won as the owner of the public relations center, and around 08:30 on September 24, 2014, the circulation period of “L” was the same as March 15, 2014.

4. From 22. up to 5 to 6 months, “P” boxes, which are foods, were supplied to the extent that the circulation period is likely to harm human health.

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