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(영문) 창원지방법원 진주지원 2017.10.13 2017고정312

식품위생법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

The Defendant is the representative director of “B agricultural partnership” in Cheongnam-gun C, Cheongnam-gun, and the Defendant B is a juristic person established for the purpose of cultivating and processing, and distributing, selling, exporting, etc., the crops of Seocho-gun.

1. No person shall make a false labelling or an exaggerated advertisement with regard to the efficacy of the prevention and treatment of diseases, on the name of food, etc., manufacturing method, quality, nutrition labelling, gene recombined food, and on the label of tracking and control of foods, etc., and no one shall indicate or advertise the efficacy and effect of raw materials in relation to the prevention and treatment of diseases, or misleading or mixed foods or health functional foods;

Nevertheless, from February 28, 2017 to April 24, 2017, the Defendant advertised the product name (E) on the Internet website from around February 28, 2017 to around April 24, 2017, and published false and exaggerated advertisements that can combine with the medicine, “hump, grheatation to the Embrheatum, the enhancement of the chromatic function and the enhancement of memory”.

2. Defendant B, on the part of the agricultural partnership corporation, advertised and advertised Defendant A with respect to the Defendant’s business as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of statutes governing output of the Internet screen;

1. Relevant legal provisions and Defendant A who has the choice of punishment for a crime: Selection of fines under each of Articles 94(1)2 and 13(1)1 of the Food Sanitation Act; Articles 100, 94(1)2-2 and 13(1)1 of the Food Sanitation Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.