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(영문) 부산지방법원 2018.07.17 2018고정738
건강기능식품에관한법률위반방조등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. From July 12, 2017 to August 9, 2017, the Defendant violated the Special Act on Imported Food Safety Control: (a) purchased and sold on behalf of 17 occasions a total amount of KRW 32,643,00, including the imported food products, on the website of the Internet NAVVER scambling operated by himself/herself; and (b) did not file an import declaration.

2. From June 28, 2017 to August 9, 2017, the Defendant, in violation of the Health Functional Foods Act, placed on the Internet NAVER Scam “P” website that directly operated to advertise products that will purchase on behalf of the Defendant, the Defendant indicated and advertised seven products, such as the Health Functional Foods, such as “fluort for the prevention of cardio-cerebrovascular diseases,” with the words “fluort for the prevention of cardio-cerebrscular diseases,” as indicated in the attached list of crimes, such as “fluort for the prevention and treatment of diseases,” or as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a charge, evidentiary materials submitted by a summary summary, and relevant materials;

1. Article 42 Subparag. 2 of the Special Act on Imported Food Safety Control - Articles 42 and 20(1) (excluding punishment) - Articles 43(1)2 and 18(1)1 (excluding punishment) of the Health Functional Foods Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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