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(영문) 창원지방법원 2015.04.07 2015고정129
건강기능식품에관한법률위반
Text

Defendant

A shall be punished by a fine of 5,00,000 won, and by a fine of 2,50,000 won, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

On March 10, 2014, the Defendants reported the visit and sales business to Kimhae-si, and sell functional health foods with the trade name “D” on the 2nd floor of Kimhae-si.

No one shall indicate or advertise the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, and traceability of functional health foods with a content that is likely to have efficacy or efficacy in the prevention and treatment of diseases or to mislead or confuse them as medicine.

Nevertheless, the Defendants conspired with the Defendants, from March 10, 2014 to May 22, 2014, provided that the aforementioned “D” to the aged from March 10, 2014, by paying samples to their 60 to 60-70 place of business, and entices them to their own place of business by affixing seals on the appearance list, and as to the five kinds of business, such as functional health foods and general processed food food F, produced in the corporation E to the aged 60 to 100 persons who are mothers at that place of business, the Defendants stated, “I might not fright to drink. I might fright to drink.” The Defendants stated, “The above 00 place of business is likely to cause confusion with the above 00 place of business for 00 won, including the above 00 place of business, which is directly affected by the prevention or treatment of a specific disease beyond the scope of efficacy, such as functional health foods, etc., distributed by the headquarters of D, for 200 won.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning I, J, K, G, and L;

1. Police seizure records;

1. A criminal investigation report (Attachment of promotional materials);

1. Application of Acts and subordinate statutes on 12 copies of on-site verification photographs, copies of a visiting sales business report, a copy of a business report, and a certificate of reporting on manufacturing functional health foods;

1. Criminal facts;

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