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(영문) 대전지방법원 2015.11.26 2015고단3059

식품위생법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

No one shall indicate or advertise that the name, manufacturing method, quality, nutrition labelling, etc. of foods have efficacy or effect in the prevention and treatment of diseases, or that foods or health functional foods are likely to be misunderstood or confused.

On June 1, 2010, the Defendant, at the D Office of the Defendant’s operation of the Daejeon-gu Daejeon-gu Daejeon-gu, divided the name and telephone number of many people who had secured in advance by employing the te, E, and so on (the same day of suspension of indictment) and then called teurmater to the relevant people, and sold food equivalent to KRW 2,471,617,60, and 60, as indicated in the attached Table of Crimes, from that time to April 10, 2015, using advertisements to the effect that products of teurma shall prevent urine and urine diseases; products of teurcian shall be prevented from spreading; products of urcium shall be prevented from spreading; products of eurcian shall be prevented from spreading urcing eurculation; products shall be improved from spreading eurculation; products shall be prevented from spreading and dementia; and products of teurcian shall be sold from that time to April 10, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against E, F, G, H, I, and J;

1. The police statement of K;

1. Each police seizure report and seizure list;

1. Application of Acts and subordinate statutes to each investigation report (No. 34,35) (Evidence List);

1. Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act and Article 13 (1) 1 of the same Act and the selection of imprisonment for a crime;

1. Although there are social hazards, such as selling a product that is only a non-specific food of the reason for sentencing under Article 62(1) of the Criminal Act, as if it had the effect of treating diseases, such as exaggerated advertising, etc., however, it did not commit any act that may cause direct threat to health by falsely indicating the origin of the product of this case or manipulating the distribution period, such as operating method, reflectness, and family relation of the defendant.