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(영문) 서울서부지방법원 2015.04.10 2014노1718

식품위생법위반

Text

The Defendants’ appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The homepage of misunderstanding of facts (Defendant A) is a homepage on which only the introduction of a company or the introduction of products is conducted, separate from the shopping mall in which I products are sold. The Defendant cited that, among the content of the book in which “G (H, 2004)” was “G (H, 2004)” on the bulletin board of the “I Data Center,” the lower part of the “I Data Center,” the Defendant posted an abstract message that the salt would assist the prevention of alz diseases, exemption from nature, destruction of cancer cells, control of blood pressure, reduction of the range of grhetoric damage caused by urology, ventilation, ventilation, ventilation infection, prevention of fratosis, prevention of frating, etc.”

The above posted content is merely a description of the pharmacological efficacy of widely known salt as it is written by a medical doctor's or doctor's degree, and it is not likely to confuse it with medicine.

B. The sentencing of the lower court (Defendant A: a fine of 1,500,000 won, Defendant B: a fine of 3,000,000 won) is too heavy.

2. Determination

A. Defendant A argued to the same purport in the judgment of the court below on the assertion of mistake, and the court below on this issue, based on the relevant evidence under the title of “determination on Defendant A’s argument” in the reasoning of the judgment, the company that manufactures the I products sold by Defendant A, and the shopping mall operated by Defendant A is exclusively in charge of the sale of the products in Seoul Special Metropolitan City with the total sales of the I products manufactured by Defendant E in the Seoul metropolitan area. Accordingly, Defendant E’s website managed by Defendant A includes not only the address and contact address of M, but also the shopping mall operated by Defendant A, the shopping mall operated by Defendant A, including the above “M,” and so it is easy to purchase the products by easily moving it to the relevant website.