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(영문) 서울서부지방법원 2016.08.18 2016고단875
건강기능식품에관한법률위반
Text

Defendant

A Imprisonment of 1 year and April and fine of 20,000,000 won, Defendant B’s imprisonment of 6 months and fine of 4,00,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who operates a business entity that sells health functional foods in Seocho-gu Seoul Metropolitan Government, and Defendant B is a person who operates a door-to-door sales business that sells “H” in Busan-gu Gtel 916 and sells health functional foods.

Defendant

A while supplying and selling health functional foods, “I”, to Defendant B, purchased mountain powder, fululululululululululululululul, etc. to make more profits, and directly create “J”, which is similar to the above products, and sell them through Defendant B.

1. Defendant A

(a) A person who intends to engage in manufacturing and selling functional health foods without permission shall obtain permission from the Minister for Food and Drug Safety for each place of business;

Nevertheless, the Defendant did not obtain a business license of the Minister for Food and Drug Safety from April 2015 to February 4, 2016 from the above F office without obtaining a business license for the manufacturing business of health functional foods from the food manufacturing company, etc., and mixed the ratio of “small mountain powder” and “old mountain” purchased from the food manufacturing company, etc., by mixing it with the ratio of 8:2 by mixing it with the ratio of 8:2, the Defendant shocked into a capsul by using a shock machine and completed it, such as health functional foods.

1,469 products in the form of manufacturing functional health foods, containing 100 caps caps, were manufactured and sold in the market.

(b) No one who is likely to cause mistake or confusion with drugs shall indicate or advertise that health functional foods have efficacy or effect in preventing and treating diseases, or that such foods are likely to be mistaken or confused with drugs, with regard to the name of health functional foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and managing of records of health functional foods;

From April 2015 to February 4, 2016, the Defendant sold “F” offices, “J” and “I” products, and removed highly toxic oxygens.

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