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(영문) 창원지방법원 통영지원 2014.11.21 2014고정330
건강기능식품에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to sell health functional foods in violation of the Health Functional Foods Act shall install facilities and report to the head of a Si/Gun/Gu having jurisdiction over the location of each place of business;

Nevertheless, from January 1, 2013 to September 11, 2013, the Defendant operated the medical appliances and the functional health foods sales markets of the name “C” without reporting to the head of the competent Si/Gun, which is the head of the competent authority, on the second and second floors, and sold various functional health foods to unspecified majority of the elderly, such as “new well-being”, “Japanese medicine brest”, and “Masung Epir”.

2. A person who intends to engage in the business of selling or leasing medical devices in violation of the Medical Devices Act shall report to the head of a Si/Gun/Gu having jurisdiction over the location of the relevant place of business on sales or leasing business.

Nevertheless, from January 1, 2013 to September 11, 2013, the Defendant, without reporting to the head of Si/Gun having jurisdiction over the second floor of the building located in the Gyeong-gun B located in Gyeong-gun B, operated the “C” medical device and the functional health foods sales store. The Defendant sold to many unspecified older persons the “Cverstept” and the “outboard medicine treatment device”, which are medical devices.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant, and each police suspect interrogation protocol against D, E, and F;

1. Each police statement on G, H, I, J, K, L, M, N,O, P, and Q;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to investigative reports (Attachment to the scene of crime and photographs of seized articles at the time of seizure);

1. Relevant Article on criminal facts, subparagraph 1 of Article 44, Article 6 (2) of the Health Functional Foods Act (the point of business selling non-reported health functional foods), Article 52 (1) 1, and Article 17 (1) of the Medical Devices Act (the point of business selling non-reported medical appliances), and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;

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