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(영문) 전주지방법원 정읍지원 2014.04.15 2014고단72
건강기능식품에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On November 28, 2012, A reported the sale of health functional foods in the name of "D" from the third floor of Ansan-si, Dong-si on November 28, 2012, and shared the roles of E and F to take charge of the duties of the team leader in charge of business and the director in charge of publicity.

1. Violation of the Functional Health Foods Act;

(a) No person who intends to sell functional health foods shall encourage a speculative spirit, such as providing prize items or free gifts, to sell products;

Nevertheless, on November 28, 2012, the Defendant conspired with E, F, and G (the same day of suspension of indictment) and provided many unspecified customers, such as H, such as the foregoing D stores, with gambling 1 straws, Han-gu 1 straws, eggs 3 straws, smells, smells, etc., or with other customers, and breached the obligation of the business operator by providing them with case items.

(b) No person who intends to sell functional health foods shall indicate or advertise that he/she has efficacy or effect in preventing or treating diseases, or that he/she is likely to mislead or confuse him/her as medicine;

Nevertheless, on January 29, 2013, the Defendant sold prool leasing and calcium drugs, which are functional health foods, to I, etc. at the above D stores, and “I, if I drink, I good in the bones, I would be able to provide urine therapy, I would have a good body in the skin, I would have a good urine therapy, I would have a good body that would be able to recover from the skin, and I would be clear if I would drink calcium is potable.” E, F provided supplementary explanation from the next side, and sold the above health foods to customers, and G provided overall publicity for the company and products.

As a result, the Defendant sells health foods worth KRW 129,72,00, in collusion with E, F, and G, by advertising 312 persons, such as attached Tables 1 and 2, from January 15, 2013 to March 29, 2013, as indicated in attached Tables 1 and 2, as a drug having efficacy and effect in preventing and treating diseases.

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