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(영문) 부산지방법원 동부지원 2014.10.20 2014고정1063

식품위생법위반등

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

1. Any person who violates the Act on the Consumer Protection in the Electronic Commerce Transactions, Etc. shall report the matters prescribed by Acts and subordinate statutes to the competent authority;

Nevertheless, the Defendant, without reporting to the competent authority from November 11, 2013 to March 6, 2014, installed a computer in the residential area located in Busan Shipping Daegu B, and sold it to unspecified customers, such as bean, bank, mother and child, and Abes, under the trade name of “C” via the Internet commercial site (www.gmt.co.km).

Accordingly, the defendant was engaged in mail order business without reporting to the competent authorities.

2. No person who violates the Food Sanitation Act shall place any false, exaggerated or secret labelling or advertisement with respect to the names, manufacturing methods, quality and nutrition labelling of foods, etc., genetically modified foods, etc., and the labels of food traceability;

Nevertheless, the Defendant, as described in Paragraph 1, advertised Abesa, which was sold while engaging in the mail order business, with the effect that “Abesa is low in risk of cardiopulmonary diseases, and is good in recovering the eyesight, restoring the function of the extension, and improving the function between the two,” as to the Abesa, etc. sold by the Defendant in the mail order business.

As a result, the Defendant advertised advertisements with indications other than accredited matters in the fields of food, nutrition, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation against those who violate the Food Sanitation Act;

1. A written accusation;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 42 and Article 12 (1) of the Act on the Consumer Protection in the relevant Acts and the Electronic Commerce, Etc. (hereafter referred to as "non-reported mail-order sales business") on criminal facts and subparagraph 1 of Article 95 and Article 13 (1) 2 of the Food Sanitation Act (the point of exaggerated labeling or advertising);

1. Selection of each alternative fine for punishment;

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 to attract a workhouse;