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(영문) 수원지방법원 2012.10.10 2012고단3383
건강기능식품에관한법률위반
Text

Defendant

A Imprisonment of one year and fine of 20,000,000 won, Defendant B’s imprisonment of six months and fine of 4,000,000 won, and Defendant.

Reasons

Punishment of the crime

1. A person who intends to sell defendant A functional health foods shall be equipped with facilities prescribed by Ordinance of the Ministry of Health and Welfare and report to the head of a Si/Gun/Gu having jurisdiction over the location of his/her place of business, and functional health foods shall not be sold, displayed or stored for sale purposes, and shall not be displayed or advertised with false or exaggerated indication or advertisement that are likely to cause mistake or confusion as efficacy or effect in the prevention and treatment of diseases, or as medicine.

Nevertheless, in collusion with F, the Defendant: (a) from November 201 to 409 of Sungnam-si G Officetel C. 409 of Sungnam-si (Seoul-si); (b) falsely indicated and advertised that “I-8” was supplied to the G-type B under the name of “H” among domestic products containing side effects (i.e., g., meines) and double copies, fire extinguishing drums, grums, red tides, and bones pains of bones, etc., which have side effects, such as misuse and abuse; and (c) indicated “H” as a health functional food; and (d) indicated it on the Internet I site “H as “H” without any natural side effect of 10%; and (d) indicated and advertised it with “health food of 100%, which is not a medicine,” and indicated on the attached list in total the attached list 10 to 310,210 through 314,201.

2. No one shall sell functional health foods, mixing or adding other substances, which are likely to cause harm to human health, or display or keep such foods for sale, on the grounds that such foods are unclean, or are mixed with or added to functional health foods;

Nevertheless, the Defendants, who are in common interest and couple's death, are conspired with each other, from January 4, 2012 to June 10, 2012.

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