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(영문) 서울중앙지방법원 2015.04.15 2014고단3731 (1)
사기등
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. No one shall place an indication or advertisement with a content that has the efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse as medicine or functional health foods;

Nevertheless, around January 4, 2013 and around March 15, 2013, the Defendant sold a liquid 200 stuff to E, and around March 15, 2013, under the title “the scope of product improvement” in the former part of the advertisement, the Defendant had the efficacy improved all of the 50 cryp diseases related to beer, beer, beer, and beer. The primary efficacy is a cardio-cerebrovascular disease, cerebrovascular disease, cerebrovascular disease, high blood pressure, cryposis, hemosis, cryp, beer, cryp, beer, beer, beer, beer, beer, beer, beer, beer, beer, beer, cryp, beer, beer, beer, cryp, beer, beer, beer, cryp, beer, beer, beer, beer, beer, beer, cat, meat, and treatment.”

As a result, the Defendant made an indication or advertisement that might have efficacy or effect in preventing and treating diseases, or be mistakenly confused as medicine.

2. Around January 4, 2013 and March 15, 2013, Defendant B Co., Ltd.: (a) indicated in paragraph (1) that the representative director of the Defendant’s company sold a liquid 200 gambling room to E; (b) indicated the Defendant’s labeling or advertising that the effect of preventing and treating the disease is likely to be effective, or that it may be mistaken and confused as medicine.

The facts charged against the Defendants are included in the indictment No. 2014 J. 5312.

Summary of Evidence

1. The defendant A's partial statement

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A letter of introduction of the F Products;

1. Application of Acts and subordinate statutes to each investigation report (including No. 12, 19 and accompanying documents of the evidence of heading 5312);

1. Defendant A of the pertinent legal provision on criminal facts: Subparagraph 1 of Article 97 of the former Food Sanitation Act (Amended by Act No. 11986, Jul. 30, 2013).

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