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(영문) 대전지방법원 2016.10.27 2016고정910
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who sells functional health foods under the trade name of Daejeon Middle-gu B and 1003.

No one shall place an indication or advertisement with respect to functional health foods, which has the efficacy or effect in preventing or treating diseases, or which is likely to mislead or confuse them as medicine.

Nevertheless, on January 28, 2016, the Defendant sent to customers who purchased products of Made-frequency Madeclass, the health functional foods, an advertisement “Made-frequency Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Ma

Summary of Evidence

1. Defendant's legal statement;

1. Consolidated civil petition reports and application of Acts and subordinate statutes to report the result thereof;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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