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(영문) 수원지방법원 성남지원 2014.07.04 2014고정831
건강기능식품에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to sell functional health foods in violation of the Health Functional Foods, etc. Act shall report to the head of Si/Gun/Gu having jurisdiction over the location of the place of business as prescribed by Ordinance of

Nevertheless, the Defendant, without filing a business report with the competent authority, sold 198,000 won to visitors from the first floor of the building located in Sungnam-gu, Sungnam-si, Manam-si, the first floor from May 2013 to November 2013.

2. On the date and time stipulated in paragraph (1) of the Health Functional Foods Act, the Defendant distributed the former part of “C-based experience cases” stating the following matters at a place where many persons pass multiple in Seongdong-si, Sungnam-si, and distributed the former part of “C-based experience cases.”

- - The 21st century will be the C era - - the revolution (D doctoral degree) of medical academic circles - - “The U.S.FDA’s quantity safe than that of non-toxicless and non-distoxicable water” - - - “if there is a shortage of sulfur, only if there is a shortage of sulfur, and only if there is a shortage of sulfur (new body)” - - The 55 pages, such as “GG 36,00, other than the ginseng nuclear ingredients -C ampitis” - The Defendant expressed and advertised that there is a possibility that the disease, which is a health functional food, might be effective in the prevention and treatment of diseases or to confuse it with medicine.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Application of seizure records and list statutes;

1. Article 4 subparagraph 1 of Article 4, Article 6 (2) (in the case of unregistered businesses), subparagraph 4 of Article 44, and Article 18 (1) 1 of the Act on the Functional Foods for Health (amended by Act No. 12669, May 21, 2014), Article 44 subparagraph 4, and Article 18 (1) 1 of the same Act concerning criminal facts;

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. Confiscation.

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