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(영문) 의정부지방법원 2017.09.07 2017고정1080

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 person shall make any false, exaggerated, or exaggerated indication or advertisement with regard to the name, manufacturing method, quality, nutrition labelling, genetic materials, cooperatives, food, etc. and the traceability and management labelling of food, etc., with respect to the efficacy and effect in the prevention and treatment of diseases, or matters likely to be misunderstood or confused as medicine or health functional foods, or false, exaggerated, or misleading, or misleading, or misleading, or misleading, by using experience devices.

Nevertheless, the defendant from March 2016 to the same year.

8. Between February 1, 200, in order to sell “G50ml, H50ml, G90ml, and H90ml” products, which are red ginseng beverages produced from E’s Damcheon-si’s Dpocheon-si’s Dpocheon-si’s (Dpocheon-si), from the Dpocheon-si’s (Dpocheon-si) agency, distributed 100% red ginseng concentration development with the content of “G50ml, H50ml, G90ml, and H90ml” products to an unspecified number of customers visiting the agency, who visit the agency.

As a result, the Defendant indicated or advertised that he/she has efficacy or effect in preventing and treating diseases, or that he/she is likely to cause mistake or confusion as medicine or health functional foods.

Summary of Evidence

1. Statement by the defendant in court;

1. G publicity complex and report on internal investigation;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the accused recognizes the criminal facts of this case and reflects his mistake; (b) the Defendant’s health seems to be relatively good; and (c) the fact that there is no history of special criminal punishment except for those punished once by a fine due to a violation of the Air Quality Conservation Act in 2003.