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(영문) 서울남부지방법원 2015.10.23 2015고정1784

식품위생법위반방조

Text

Defendants shall be punished by a fine of KRW 1,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. With respect to the names, manufacturing methods, quality and nutrition labellings of foods, etc., genetically modified foods, etc. and food traceability labelling, and the nutritional values, raw materials, ingredients, and uses of foods or food additives, no one shall make any false, exaggerated, or secret labelling or advertisement which has efficacy or efficacy in the prevention and treatment of diseases, or is likely to mislead or confuse foods or food additives as medicine or health functional foods;

The Defendant, while operating the company D in Daejeon-gu, Daejeon-gu, proposed that F, who was introduced through the high-speed line E, would be an advertising model, be supplied to F, who is a doctor, in an exaggerated advertisement on newspapers, so that the product can be sold to consumers, and F, who accepted the advertising model.

F around May 2014, on the basis of A’s photographs and treatment cases supplied by the Defendant at H office located in Gangseo-gu Seoul Metropolitan Government, the F set up a model for A’s doctor A, and “I may set up only 1-2 times in the body if he takes only one week, he/she can influencate the blood pressure with the blood pressure within his/her body. He/she shall supply I with the advertising bill and I, written by inserting the words “hys from urine,” and the advertising bill written by K to J, as the advertising bill written by the said F, and the J requested the advertisement to be published on the Joseon Day as of the 24th day of the same month.

As a result, in collusion with F, K, and J, the Defendant advertised the said I products from May 24, 2014 to June 30, 2014, to make a false and exaggerated advertisement on I and L products from May 8, 2014 to July 9, 2014, including selling the sum of KRW 104,742,00 as shown in the [Attachment Table] Nos. 7 to 9, 2014.

2. The defendant A.