logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2017.03.31 2017고정91
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 who operates “B”, a website that sells overseas functional health foods.

No one shall indicate or advertise that functional health foods have efficacy or effect in the prevention and treatment of diseases, or that such foods are likely to be confused with drugs, or make an indication or advertisement different from facts or exaggerated indication or advertisement with regard to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and management of records of functional health foods.

Nevertheless, the Defendant, at the Defendant’s home located from February 2, 2015 to October 25, 2016, visited the said sales site by using a computer located in the city C and 201:

1. In advertising a health functional food "D", indicating "nutritions for the health of skins and saws" as "d, with a different or exaggerated indication;

2. Advertising the health functional food “E” with the indication “fire-fighting function, skin health”, and “Emerise to recommend skin health”, and with the indication different or exaggerated from the fact;

3.In advertising health functional foods referred to as “F”, indicating “the skin, hair, hand, saw nutrition, skin white” as “F” and marking differently or exaggeratedly;

4. When advertising health functional foods called “G”, you have strong ability to fighting.

“The indication is not true or exaggerated; and

5. When advertising the health functional food “H”, the health functional food stated the “h dyphal salt effect” and puts indications that are likely to cause confusion as having efficacy or efficacy in the prevention and treatment of diseases, or as a medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the screen to the Internet (state)B-site closures;

1. Relevant Article 43 (1) 2, Article 18 (1) 1, Article 44 subparagraph 4, and Article 18 (1) 2 of the Health Functional Foods Act concerning criminal facts, and the selection of fines, respectively;

1. The aggravated Criminal Act for concurrent crimes.

arrow