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(영문) 서울동부지방법원 2015.07.15 2015고정720
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From September 2014 to January 2, 2015, the Defendant sold F in the name of “D” in Gangdong-gu Seoul, Gangdong-gu, Seoul, selling F from the Internet (E).

No one shall make any false or exaggerated indication or advertisement with respect to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of functional health foods, which are likely to have efficacy or efficacy in the prevention and treatment of diseases, or to mislead or confuse them as medicine, or make any indication or advertisement different from those deliberated by the Minister of Food and Drug Safety.

Nevertheless, from September 2, 2014 to January 2, 2015, the Defendant sold the “F” product manufactured in the said Blogs through the said Blogs, indicated “H” by using the expression “G”, which was deleted as a result of the deliberation on labels and advertisements, and posted 29 cases of experience, such as “I”, and indicated and advertised as if the Defendant had efficacy and effect on the prevention and treatment of diseases.

Summary of Evidence

1. Some of the police interrogation protocol of the defendant;

1. A written accusation;

1. Relevant data, including the screen for advertisements;

1. A screen of the Internet site verification;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the details of product certification);

1. Article 4 Subparag. 4 and Article 18(1)1 of the former Health Functional Foods Act (wholly amended by Act No. 12669, May 21, 2014; the enforcement date of the Act) regarding criminal facts and Articles 44 Subparag. 4 and 18(1)4 of the former Health Functional Foods Act (wholly amended by Act No. 12669, May 21, 2014); and Article 44 Subparag. 4 and 18(1)6 of the former Health Functional Foods Act (wholly amended by Act No. 12669, May 21, 2014; the enforcement date of the Act) regarding the relevant criminal facts; the Defendant and the defense counsel; and the “F” of the judgment are genetic materials extracted from tobacco products.

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