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(영문) 대전지방법원 2018.05.17 2018고정117
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who advertises the health functional foods of Dop Lp, Inc. through the Internet's personal account through the defendant's account of Lone Star Program at the defendant's residence in Daejeon Jung-gu and 502, and sells the health functional foods by linking the Internet health functional foods sales site (C) to the above account.

1. The Defendant, who was not reported, was from April 24, 2017 to the same year.

8. Until December 23, 200, by selling the 2000 Formula 2 multi-pact, the health functional foods, without reporting to the head of the Si/Gun/Gu having jurisdiction over the above Defendant’s residence, and selling the functional health foods.

2. The defendant, as a dealer of functional health foods, is liable for false or exaggerated labeling or advertising, and the same year from around April 24, 2017;

8. No later than December 23, 2000, a letter stating the following photographs before and after Daz, Dazart experience programs to the effect that the above defendant was successful in eating and drinking the above functional health foods in the account of Syone set of 200 Syone, 200 Syone who is functional health foods, in the above defendant's residence, by selling the 13 km Syone, inorganic compact, etc. which is functional health foods in the above defendant's residence;

Using the phrase, “,” etc., published false and exaggerated advertisements that could mislead consumers into confusion, thereby engaging in a mail order to an unspecified number of consumers.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to report civil petitions through national newspapers;

1. Article 44 Subparag. 1 and Article 6(2) (unreported Business) of the Health Functional Foods Act - Selection of a fine for a crime or punishment - Selection of a fine, respectively, under Article 18 Subparag. 3 (1) of the Health Functional Foods Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has no criminal record, and the sale quantity and obtain of the health functional food sold by the defendant.

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