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(영문) 의정부지방법원 2017.02.14 2017고단127
건강기능식품에관한법률위반등
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 4,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who was sentenced to one year of the suspension of the execution of six months of imprisonment by committing a violation of the Health Functional Foods Act at the Jung-gu District Court on April 21, 2014, as a member of the F church in his/her own city E.

(a) A person who intends to engage in manufacturing business of functional health foods in violation of the Functional Health Foods Act shall obtain permission from the Minister for Food and Drug Safety for each place of business, as prescribed by Ordinance of the Prime Minister;

Nevertheless, the Defendant, without obtaining permission from the Minister for Food and Drug Safety from April 22, 2014 to December 21, 2016, engaged in the manufacturing business of unauthorized health functional foods, such as manufacturing for the purpose of selling prools equivalent to 20 liters, extracted from the sponse, purchased from the sponse of the sponse purchased from the Defendant’s dwelling in the Gu Council-si G, from the Defendant’s dwelling in the Gu-si from around December 21, 2016.

(b) No person other than a medical person violating the Medical Service Act shall perform medical practice;

Nevertheless, the Defendant, from May 3, 2016 to April of the same month from around May 3, 2016, to J who appeals against knee knee in the I church located in Gangseo-gu Busan Metropolitan Government H, would not raise an objection against the Defendant.

In this regard, the above J performed medical practice even if it was not a medical personnel by making the above church flick with a length of about 21 cm by inserting about 5 times to the shoulder of the J, and then doing so to an unspecified number of people visiting the above church, which was not a medical personnel.

2. Defendant B, from May 3, 2016 to April 4, 2016, knew that he was not a medical personnel at the I church located in Gangseo-gu Busan Metropolitan City, the Defendant introduced A to K prior to the above church with the knowledge that he was not a medical personnel, and assisted A’s act of violating the Medical Service Act by facilitating A’s medical practice, such as arranging for a private person to perform medical practice as described in the above “1. B” and guiding patients at the above place.

Summary of Evidence

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