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(영문) 광주지방법원 2017.10.12 2017고정808

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

The defendant is a food distributor as the head of the G branch office in the Seo-gu F Building No. 103, which reported as the functional health foods sales business.

No one shall indicate or advertise that the name, manufacturing method, quality nutrition labelling, etc. of food has efficacy or effect in the prevention and treatment of diseases, or that such indication or advertisement may cause confusion as to pharmaceutical products or health functional foods.

Nevertheless, from August 2016 to February 9, 2017, the Defendant sold food, such as “H” and “I” and “J, within the G direct jurisdiction of the G,” and the Internet “H” (K). The Defendant’s act of preventing and treating climatic cancer, cardiopulmonary effect, stroke, brain stroke, etc., and the effect of aviation cancer, cliffic effect, and so on, or is likely to cause confusion with medicine or health functional foods, such as anti-cliffic effects, etc., of all kinds of death-related laws, such as NAV B, clific efficacy, brain stroke, and stroke, etc., by using experience cases, replacing clific infections and clific cancer in the system of fire extinguishers, the effect of preventing and treating clific diseases, etc., or by creating confusion with the efficacy or efficacy of health functional foods.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on data following each Internet closure;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;