beta
(영문) 대전지방법원 2016.01.28 2015고정1124

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of Corporation D.

No person shall place a false or exaggerated indication or advertisement with regard to the names, manufacturing methods, quality and nutrition labelling, genetic materials, associations, food, etc. and the tracking and management labelling of food history.

However, the Defendant, in collusion with Company D’s private person E, sold in the name of “I” after purchasing and packing approximately 20,000 returned products in the form of exchange made by mixing the products with G from September 2013 to January 2015, in collusion with Company D’s business from G’s H at the company F located in Chungcheongnam-gun, Geumsan-gun, Chungcheongnam-gun, the Defendant: (a) sold them under the name of “I”; (b) as if the products were manufactured in Company D; and (c) on the packaging, the Defendant falsely indicated the manufacturing source as if the products were manufactured in Company D; and (d) on the basis of a long-term study conducted by J University A doctor’s research team based on what was prescribed to Yellow.

The former and “I assist in the improvement of inter-functional functions, chronic stimuls, chronic stimulosis, chronic organ infection, chronism, chronism, blood cycle disorder, and stimulation, immunity degradation, memory reduction, earning of memory, and eulation, etc.

In addition to the pre-printed leaflet, “The effect is effective for the prevention and treatment of diseases or there is a possibility of confusion as medicine or health functional foods.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning buildings and photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 94 (1) 2-2 of the Food Sanitation Act, Article 13 (1) 1 of the same Act, Article 30 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The prosecutor’s determination of additional collection under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is based on Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds, and thereby, KRW 40,254,162 from the defendant.