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red_flag_2(영문) 서울중앙지방법원 2013. 9. 10. 선고 2013고정2903 판결

[식품위생법위반·방문판매등에관한법률위반][미간행]

Escopics

Defendant

Prosecutor

Kim Jong-Gyeong (Court) (Court of First Instance), Kim Jong-chul (Court of Second Instance)

Defense Counsel

Attorney Cho Dong-dong (Korean)

Text

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

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

To order the defendant to pay the amount equivalent to the above fine.

Criminal facts

1. Violation of the Food Sanitation Act;

No person shall make false labelling or exaggerated advertisements with respect to the names, manufacturing methods, quality and nutrition labelling of foods, etc., and food traceability labelling, and shall make an exaggerated advertisement with respect to packages, and in labels of foods and food additives, make an indication or advertisement which may cause confusion with medicine.

The Defendant sold ○○○○○ Mixed beverage as the total sales role of Nonindicted Co. 5 and Nonindicted Co. 1’s multi-level marketing organization established by Nonindicted Co. 6, and explained that “○○ ○○ ○○○” product was “finite governing drugs with efficacy, such as urterology, high blood pressure, and chronology,” and provided false and exaggerated advertisements that may lead to confusion as medicine by explaining, consulting, etc. buyers, such as “crime sight table.”

2. Violation of the Door-to-Door Sales Act;

The Defendant, without registering multilevel marketing business to the Fair Trade Commission or the Mayor/Do governor, managed and operated multilevel marketing organizations by selling products worth approximately 16,720,000 won as shown in the attached Form “crime List”, with knowledge of the fact that the above organization is a multilevel marketing organization’s total sales role of Nonindicted Co. 1 established by Nonindicted Co. 5 and Nonindicted 6, and that at least three stages of the organization’s phased structure are three or more, a phased-level allowance payment system. On March 10, 2011, the Defendant, despite being aware of the fact that the above organization was a multilevel marketing organization, sold products worth KRW 16,720,000, as shown in the attached Table “crime List.”

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Each prosecutor's protocol of interrogation of Nonindicted 5 and 6

1. Each protocol of suspect interrogation of the police against Nonindicted 7, 8, and 9

1. Investigation report (related to medical efficacy and efficacy for ○○○○);

1. Reports on internal investigation: The other party to the victim;

1. Each protocol of seizure;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Subparagraph 1 of Article 97 and Article 13(1) of the former Food Sanitation Act (Amended by Act No. 10787, Jun. 7, 2011); Article 51(1)1 and Article 13(1) of the former Door-to-Door Sales, etc. Act (wholly amended by Act No. 11324, Feb. 17, 2012); Articles 51(1)1 and 13(1) of the former Door-to-Door Sales, etc. Act (wholly amended by Act No. 11324, Feb. 17,

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

[Attachment]

Judges Kim Min-young