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(영문) 부산지방법원 2013.04.08 2013고정181
건강기능식품에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to sell functional health foods shall report to the competent authority, and no person shall indicate or advertise the details that are likely to have efficacy or effect in the prevention and treatment of diseases with respect to the name, raw materials, ingredients, etc. of functional health foods, or to mislead or confuse them as medicine, and shall indicate or advertise the contents that indicate functionality not recognized by the Administrator of the Food and Drug Administration.

On July 2012, the Defendant did not report the functional health foods sales business to the competent authority at the office of the Defendant located in the Busan Dong-gu, Busan, but sold the products of functional health foods E through the website (C and D) operated by the Defendant, and the Defendant did not recognize the head of the food and medicine headquarters, such as “mar who is a product information recognized by the Administrator of the Food and Drug Administration,” such as “the improvement of sexual intercourse E, global history improvement, and urine improvement.”

Summary of Evidence

1. Defendant's legal statement;

1. E-rayed copies of the NAE-related products by cutting off the screen pictures of the NAB Blogs and the F website advertising;

1. Reporting on the manufacture of goods "E" and the application of statutes governing the current status of search of goods;

1. Relevant Article on criminal facts, subparagraph 1 of Article 44, Article 6 (2) of the Health Functional Foods Act (hereafter referred to as "unreported business"), subparagraph 4 of Article 44, Article 18 (1) of the Health Functional Foods Act (hereafter referred to as "advertisement of exaggerated and functionality advertisements"), and selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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