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(영문) 서울북부지방법원 2016.04.20 2016고정457
건강기능식품에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the general seller C of functional health foods in Gangnam-gu Seoul Metropolitan Government B and the fourth floor.

1. No one shall place a false or exaggerated indication or advertisement with regard to the name of functional health foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, tracking and management of history of functional health foods, and shall place an advertisement with a content that has efficacy or effect in preventing and treating diseases or that is likely to cause confusion as medicine;

Nevertheless, from November 30, 2015 to December 17, 2015, the Defendant advertised “C” products with the health functional food general retail company in Gangnam-gu Seoul Special Metropolitan City B and fourth floor with “C”, which are the content that the Defendant had efficacy in treating urine diseases, such as “the concentration of surburine leaf surine surine surine surine surine surine surine surine surine surine surine surine surine surine surine surine surine surine surine surine.”

Accordingly, the Defendant, from November 30, 2015 to December 17, 2015, sold 45 products of “the concentration of red finite leaf leafs of red finite leafs,” which indicated that the Defendant had efficacy effect in treating a disease from around November 30, 2015 to around December 17, 2015, or is likely to confuse it as medicine, to an unspecified number of consumers.

2. No one shall place a false or exaggerated indication or advertisement with regard to the name of functional health foods, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, tracking and management of history of functional health foods, and shall place no indication or advertisement with any content different from those deliberated upon;

Nevertheless, the Defendant, from November 30, 2015 to December 17, 2015, is “C” with the trade name of a general seller of functional health foods in the Gangnam-gu Seoul Metropolitan Government B and the fourth floor operated by himself/herself, and “the concentration of red source leaf leafs.”

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