logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.03.21 2013고정2048
건강기능식품에관한법률위반
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The facts charged in the instant case are the relationship between Defendant A and Defendant B, a commercial person, and Defendant B, a multi-level distribution company’s head of Daegu branch office.

A person who intends to sell functional health foods shall be equipped with the facilities prescribed by Ordinance of the Prime Minister for each place of business and shall report to the head of a Si/Gun/Gu having jurisdiction over the location of the place of business.

Nevertheless, the Defendants, without reporting to the competent authority from June 5, 2013 to June 19, 2013, sold to the competent authority the elderly, the elderly, and the elderly, the elderly, and the elderly, who discovered the training room and "E Publicity Center" in a size equivalent to approximately 80 square meters of the building of approximately 7 stories of the Daegu-dong-gu D-dong-gu D-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, as if they have medicinal efficacy in terms of loan lease-type, riskless influence, high blood pressure, skin disease, and disc, etc., and sold 21,131,000 won to the elderly and the elderly.

As a result, Defendants conspired to sell functional health foods without reporting to the competent authorities.

2. Article 3 of the Health Functional Foods Act refers to foods manufactured (including processing) using raw materials or ingredients that have functionality useful to the human body (Article 1). Functionality refers to controlling nutrientss about the structure and function of the human body or obtaining useful effects for health purposes such as physiological effects (Article 2(1)(2)(f). According to the statement in a reply to inquiry about the fact-finding about the Ministry of Food and Drug Safety, E of this case refers to general food (type: liquid difference) and not to functional health foods.

Although the prosecutor prosecuted the Defendants on the fact that they were engaged in the business of selling functional health foods, there is no evidence to acknowledge that the instant E is functional health foods as evidence submitted by the prosecutor.

3. Accordingly, we conclude.

arrow