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(영문) 인천지방법원 2015.01.15 2014고단7771
건강기능식품에관한법률위반
Text

[Defendant A and B] Each of the defendants shall be punished by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

(H) H is a multi-level company with its head office located in Songpa-gu Seoul Metropolitan Government for the sale of functional health foods, and (oil) H’s sales members are classified according to their sales revenue into: (a) the Amond (PID); (b) the Amond International Multilater (GID); (c) the Amond International Multilater (ID); and (d) the Amond (PD); and (b) the Amond.

Defendant

D is a multi-stage sales member who works as an Amond’s personal multi-mond, Defendant C is a personal multi-mond, Defendant B is a press social multi-mond, Defendant A is a multi-stage sales member who works as a multi-level sales member.

No one shall make an exaggerated advertisement that has efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse as medicine, with regard to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of functional health foods.

Defendant

D Around May 2013, in order to advertise “J”, which is a health functional food sold at H, around May 2013, she produced a leaflet (hereinafter “instant advertising prior complex”) stating the phrase “Iskh and other subordinate members including Defendant C,” stating that “Isky’s active nature of NK cells that drink is high to the 437% of the activity of NK cells that drink franite, by raising the intelligence of immuno-cell cells in their body.” At this time, Iskn and separately notify him of the activity of NK cells, and then distributed the instant advertising leaflet to Defendant C and other subordinate members, and Defendant C distributed it to Defendant B and other subordinate members.

The Defendants are ambiguous to make an exaggerated advertisement against “J” using the advertising leaflets of the instant case and sell it to “J”, and around February 2014, Defendant B and A orders K to the Incheon Buddhist District as if they were qualified as professional medical professionals, and the advertising leaflets of the instant case are as if they were capable of preventing and treating various diseases.

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