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Defendant shall be punished by a fine of KRW 3,000,000.
Where the defendant does not pay the above fine, one day shall be 10.
Reasons
Punishment of the crime
From September 3, 2018, the Defendant operated the “C” on the first floor of Busan Shipping Daegu B, Busan, and sold food, household appliances, and household goods to many and unspecified elderly people who find out the place.
1. Any person who intends to sell health functional foods in violation of the Health Functional Foods Act shall install facilities for each place of business and report thereon to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head
Nevertheless, the Defendant did not report as above, and sold D’s 1 disease, “Flusium 3,00,000 won,” which was functional health foods, to D at least 70,000 won.
As a result, the defendant did not report to the competent authorities on the sale of functional health foods and did not sell the functional health foods.
2. No person who violates the Food Sanitation Act shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling, genetically modified foods, and food traceability labeling of foods, etc. have efficacy or effect in preventing and treating diseases, or that such foods, etc. are likely to mislead or confuse as medicine or health functional foods;
Nevertheless, from the beginning of November 2018 to the end of November 29, 2018, the Defendant advertised as if he had the effect of aiding and abetting a large number of unspecified customers, i.e., general food, “hyna license” to “hyna license,” and sold to customers including E at KRW 8,00 per disease.
As a result, the Defendant advertised that the name, manufacturing method, quality and nutrition labelling, genetic modified foods and food traceability labelling may have efficacy and effect in preventing and treating diseases, or mistake and confuse them as medicine or health functional foods.
Summary of Evidence
1. The defendant;