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(영문) 전주지방법원 2015.10.27 2015고정512

축산물위생관리법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the operator of C Health Institute in Kim Jong-si, and the above Health Institute is a spot-sale manufacturer who extracts, processes and sells beverages.

Any person who intends to engage in livestock product sales business shall be equipped with facilities prescribed by the Act and report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Prime Minister, and shall not indicate or advertise that the name, manufacturing method, ingredients, dietitians, raw materials, uses, quality, and packaging of livestock products are effective and effective in the prevention and treatment of diseases, or that such products are likely to be mistaken for or confused as medicines or health functional foods

Nevertheless, the Defendant, from November 11, 2005 to April 3, 2015, operated livestock product sales business, such as installing a coolant in the above Health Center without reporting and selling the horses and bones, etc. which are livestock products of an amount equivalent to 7.840,000 won to many and unspecified persons. At that time, the Defendant advertised that the bones of horses would have efficacy and effect in the treatment of infect infection, by inserting a crops card indicating the cropsy in the intersection in the above Health Center and Kim Jong-sidong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation intelligence reports, investigation reports (on-site control, suspect's acts together with copies of the transaction records of the suspect, and attachment of copies thereof);

1. Application of Acts and subordinate statutes on franc card and photographic data;

1. Relevant Article concerning facts constituting an offense, Articles 45 (6) 9, 24 (1) (the point of sale of unreported livestock products and the choice of fines) of the Livestock Products Sanitary Control Act, and Articles 45 (3) and 32 (1) of the Livestock Products Sanitary Control Act (the point of exaggerated advertisement of livestock products and the selection of fines);

1. From among concurrent crimes, a person commits a violation of the Livestock Products Sanitary Control Act due to an exaggerated advertisement with heavy punishment under the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act;