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(영문) 수원지방법원 성남지원 2018.01.18 2017고정1631

식품위생법위반

Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A stock company B is a company that engages in food sales business in Sungnam-si C and 2 non-1001, and the defendant A as its representative director, while selling food, shall not place an indication advertisement that has efficacy and effect in preventing and treating diseases or that is likely to cause confusion as medicine or health functional foods.

1. From around December 2016 to May 18, 2017, Defendant A sold food of KRW 32,125,500 to consumers by inserting the title of “D”, products, pictures, etc. on the table of the product for the purpose of selling in the open market, such as the Internet GG market, etc., the food-type B pller products, which are food-savingd foods for the purpose of saving the body type, and by controlling harmful scoos when taking them, and by improving the environment with beneficial scoos to improve the food environment where the product would be confused with health functional foods, Defendant A sold food of KRW 32,125,500 to consumers by advertising comics inserted in the female of 21st century, which would mislead consumers into confusion as health functional foods.

2. A, the representative of Defendant B’s Defendant B, committed the act of violation as set forth in paragraph 1 in relation to the Defendant’s business at the same date and place as that of paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. A written accusation;

1. Investigative reports (in the case of the examination of items manufactured by Chungcheong architecture), investigation reports (in the case of examination of functional ingredients);

1. Application of the statutes on the screen by capturing the contents of the advertisement;

1. Article 94(1)2-2 of the Food Sanitation Act and Article 13(1)1 of the Food Sanitation Act (excluding punishment), Defendant B: Articles 100, 94(1)2-2, and 13(1)1 of the Food Sanitation Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act