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(영문) 수원지방법원 안산지원 2014.05.15 2014고정480
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. No one shall indicate or advertise any false, exaggerated, or exaggerated labelling or advertising with respect to the name of functional health foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of functional health foods, or labeling or advertising with a content that is likely to mislead or confuse that functional health foods has efficacy or efficacy in preventing and treating diseases, or that such foods are drugs;

Nevertheless, around August 2013, the Defendant advertised that, using a computer located at the Defendant’s home located in Ansan-si, Ansan-si, the health functional food “(www.co.co.)” in the Internet sales site (www.g.co.co.), “D” is effective for the prevention and treatment of diseases by using the phrase, such as the risk factors of cardio-cerebrovascular, neutic eutic eutic eutic eutic eutic eutic eutic eutic eutic eutic eutic eutic ec.g.co.co.co. k).

2. Any person who intends to sell functional health foods shall install a facility for each place of business and report it to the competent authority having jurisdiction over the location of the place of business;

Nevertheless, the Defendant, without reporting to the competent authority on August 23, 2013, sold one "C", which is a health functional food, to the buyer, at KRW 150,000, when the buyer orders the health functional food through the above Internet sales site, at the place specified in paragraph (1) on August 23, 2013.

From that time by the foregoing method, the Defendant sold health functional foods worth KRW 9,620,00,00 in total over 60 times, as shown in the attached list of crimes, from January 1, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of investigation reports, details of order sales, and duplicate Acts and subordinate statutes;

1. Article 44 subparagraph 1 of the relevant Act and Article 6 (2) of the Health Functional Foods Act concerning criminal facts, and Articles 44 subparagraph 4 and 18 of the Health Functional Foods Act concerning the choice of punishment (a point of business not reported), and Article 44 subparagraph 4 of the Health Functional Foods Act.

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