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(영문) 서울서부지방법원 2015.12.10 2015고단2392

식품위생법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 15, 2014, the Defendant was sentenced to a fine of five million won for a violation of the Food Sanitation Act (violation of Article 13 (1) 1 of the same Act) at the Seoul Western District Court on the same year.

8. 29. A person who has eight times more of the same kind of power, in addition to the final and conclusive judgment.

【Criminal Facts】

The defendant is a person who sells functional health foods and food with the trade name of "C".

No one shall place any indication or advertisement with a content that has the efficacy or effect in preventing or treating diseases, or that is likely to mislead or confuse foods as medicine or health functional foods.

Nevertheless, while selling processed food supplied by D, the Defendant advertised it as a product that is helpful for male emotional training, and had a mind to promote sales.

From April 1, 2014 to March 1, 2015, the Defendant advertised “C” office located in the Eunpyeong-gu Seoul Metropolitan Government, with an advertising company providing “G” with an advertising group, and sent the product, entering into an advertising contract in the form of providing experience equipment on the Defendant’s website, and in return, deliver KRW 1.2 million to the Defendant’s website, the Defendant advertised “E” with the content that “H” recruited from “G” in the form of a experience instrument and advertised “E” with the content that “natural B” in the form of a experience instrument and link “E” with its product using a post-use medium, etc. on its website. In addition, the Defendant advertised the content, such as “her limited history system,” etc. in the form of experience instrument using an irregular channel on the Internet portal site, next, etc., thereby having the effect and effect of preventing and treating diseases from the general public, or misleading the content that may cause confusion as to pharmaceutical products or health functional foods.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecution concerning D;

1. Reports on internal investigation (attaching contents in false and exaggerated advertisements);

1. A previous conviction in judgment: