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(영문) 부산지방법원 2013.08.22 2013고정2188
건강기능식품에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person engaged in the distribution-sale business of functional health foods under the trade name of "D," from Busan B and fourth floors.

No business operator of a functional health foods shall indicate or advertise that there is efficacy or effect in preventing or treating diseases, or that there is a possibility of misconception or confusion as medicine.

Nevertheless, from August 2012 to December 20, 2012, from August 20, 2012 to December 20, 209:30, the Defendant sold off 300g (5g x 60g) packages, which are functional health foods manufactured in C&T Tech, at the above place, and indicated words such as aviation cancer and anti-grative actions, blood exclusive harmful harmful actions, and anti-psychotropic actions in the publicity leaflet, and advertised and advertised that the Defendant is likely to have efficacy and effect in the prevention and treatment of diseases, or to mislead or confuse it as medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. A written confirmation of a violation establishment and application of statutes;

1. Article 44 of the relevant Act and Articles 18 (1) 4 and 18 (1) of the Health Functional Foods Act concerning criminal facts;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 50,000 won a day);

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) provides that there is no particular criminal history against the defendant; the crime of this case was committed at the stage of commencing a health and food sales business, and it appears that the defendant would not repeat the same mistake with

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