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(영문) 수원지방법원 2014.05.21 2013고정3268
건강기능식품에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who conducts import agent business of functional health foods under the name of “C”.

1. Any person who intends to conduct import business of functional health foods for securing the stability, improving the quality of functional health foods, promoting the sound distribution and sale thereof, promoting the health of citizens and protecting consumers shall file a report with the administrative agency having jurisdiction over the location of the place of

Nevertheless, the Defendant did not report the import business of functional health foods to the competent authority, from June 18, 2013 to August 7, 2013, to conduct the import business of functional health foods with the trade name "C" in Suwon-si D 517, the Defendant received an order from a domestic holder of a mail order website (E) to purchase functional health foods from a foreign company, and then delivered the functional health foods to domestic customers through international transportation, and the Defendant received 5% of the purchase price as a commission.

Accordingly, from June 18, 2013 to August 7, 2013, the Defendant imported non-reported functional health foods equivalent to 5,416,600 won through 57 times in total.

2. Any person who imports health foods to use them for business purposes shall file a report with the Minister of Food and Drug Safety, and shall not import health functional foods, the importation of which is prohibited or which are not reported;

Nevertheless, from June 18, 2013 to August 7, 2013, the Defendant imported functional health foods such as 5,416,600 won through 57 times in total without reporting.

3. No one shall indicate or advertise that the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of functional health foods has efficacy or effect in preventing and treating diseases, or that there is a possibility of misconception or confusion as medicine, with regard to the name of functional health foods;

Nevertheless, the Defendant, from June 18, 2013 to July 15, 2013, refers to “sckes” on the website of mail order (E).

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