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(영문) 서울서부지방법원 2017.11.01 2017고정1151
건강기능식품에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall indicate or advertise that the health functional foods have efficacy or effect in the prevention and treatment of diseases, or that such foods are likely to cause mistake or confusion as medicine, with respect to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and management of records of health functional foods.

Nevertheless, the Defendant, at the end of November 2016, supplied the Defendant’s house located in the Eunpyeong-gu Seoul building B 501, with the “C”, “CTX powder”, which is a health functional food, connected to the Defendant’s house located in the Eunpyeong-gu Seoul Metropolitan building B 501, as follows: “I will not only prevent the cTX powder powder, but also assist in the treatment of the cTX powder,” and “I will supply a pipe product containing any substance CTX patent substance that has been outstanding in the damaged bTX renovation.”

“,” and “the eropoched product francing the pain of the pipe and at the same time francing to the franc structure.”

A notice posted on the advertisement “......”

As a result, the defendant posted an advertisement that is likely to cause mistake or confusion as a medicine and efficacy or efficacy in the prevention and treatment of diseases.

Summary of Evidence

1. Statement by the defendant in court;

1. An advertising output under the age control;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined in consideration of the fact that the defendant was punished several times for the same crime even though he/she was punished for the same crime;

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