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(영문) 서울중앙지방법원 2015.08.25 2015고정2556
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 a person operating a door-to-door sales business, who is a door-to-door sales business entity, and C, D, and E are employees working as sales salespersons of the above business entity.

No one shall make any false, exaggerated or exaggerated labeling or advertising, including labeling or advertising, with respect to the name of functional health foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of functional health foods, which have efficacy or efficacy in the prevention and treatment of diseases, or are likely to mislead or confuse such foods as medicine.

Nevertheless, the Defendant, from October 2, 2013 to September 2, 2014, at the above “B” office located in the five storys of Gwanak-gu in Seoul Special Metropolitan City in Seoul Special Metropolitan City, from around October 2, 2013 to around September 2, 2014, as to “Yancheon,” which is a health functional food, created a 1. Nowon-gu cell as a new cell and became an shot part of the skin body. The power of the 2.0th math math math math math math math math math math math eth eth eth math eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth.

Therefore, in collusion with C, D, and E, the Defendant made false indications and exaggerated advertisements that are likely to have efficacy and effect in preventing and treating diseases, or to mislead or confuse them as medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol for C, D, or E;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes on the B website;

1. Article 43(1)2 and Article 18(1)1 of the former Health Functional Foods Act (Amended by Act No. 13201, Feb. 3, 2015); the Criminal Act.

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