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(영문) 인천지방법원 2017.10.20 2017고정2206

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling, genetically modified foods, etc. and food history tracking and management labelling of foods, etc. have efficacy or effect in preventing and treating diseases, or that such foods may be mistaken for or confused as medicine or health functional foods.

Nevertheless, the Defendant, from January 14, 2017 to May 22, 2017, sold NAV B’s B’s B’s B’s blobation to NV, and the Defendant has efficacy in terms of strengthening the electric power plant, improving the respiratory and machinery function, removal of oxygen in the body, etc.

The advertisement posted on Blog, which is likely to cause mistake or confusion as a medicine or health functional food, has the efficacy or effect in preventing and treating diseases with respect to the above food, or as a medicine or health functional food.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing Internet posts;

1. Relevant Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 (including inclusive) of the same Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;