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(영문) 대전지방법원 2012.10.30 2012고정341

방문판매등에관한법률위반등

Text

Defendant

B shall be punished by a fine of one million won.

Defendant

B If the above fine is not paid, KRW 50,000.

Reasons

Punishment of the crime

No person shall make a false label or exaggerated advertisement with respect to the name, method of manufacturing, quality, nutrition labelling, and food traceability labelling, and shall make a exaggerated label or exaggerated advertisement with respect to packages, and make a label or advertisement likely to confuse foods or additives with medicine.

1. On April 201, 201, Defendant B, at the fourth floor E office of the building in the Jung-gu Daejeon Special Metropolitan City, displayed false indications and exaggerated advertisements that could lead to confusion as if it were medicine for the completion of practical curian acid, by advertising “Iscopic disease treatment, Ispopic urine, Ispopic copic urine, Ispopic copic copic urine, Ispopic copic copic copic urology, and do so.”

2. At the office described in paragraph (1) around May 201, Defendant B made false indications and exaggerated advertisements that could lead to confusion as if the curative acid was a medicine, by publicizing G as “the curative acid, which has an effect on the therapy of urine, has a special effect on the catology, has a special effect on the catology, and has high blood pressure.”

Summary of Evidence

1. Defendant B’s legal statement

1. Each police statement made to H, G, and I;

1. Recording notes;

1. Application of the statutes governing seizure photographs;

1. Article 97 subparagraph 1 of the former Food Sanitation Act (amended by Act No. 10787, Jun. 7, 201) and Article 13 (1) of the former Food Sanitation Act (amended by Act No. 10787, Jun. 7, 201);

1. Aggravated concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant B of the provisional payment order: Defendant B’s act on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act can harm the health of an unspecified number of consumers, and the nature of the crime is not good in that it mainly covers the elderly who lack medical knowledge and are economically difficult, but it is against depth, and is the primary offender, F and F.