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(영문) 인천지방법원 2016.04.01 2016고단65

사기방조등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who has worked as a general manager in the “E” as a health assistive food sales business chain of the operation of the Dong-gu, Incheon Metropolitan City.

1. Aiding and abetting the D's crime;

A. Assistance D to the Violation of the Food Sanitation Act: (a) on August 2015, 2015, when selling “G”, which is a red ginseng beverage product manufactured by mixing F Food Business Department with red ginseng concentrate, mushroom extractions, etc., the Social Staff H introduces D as “F head” according to D’s instructions; (b) using micro and spackers installed therein, “six rare mushrooms enter them, and 28 oriental medicine products”; (c) upon taking G, it was removed from the body to prevent adult diseases and eliminate salt certificates by releasing bad germs; (d) The blood cycle is well set to prevent adult diseases; (e) the hand-off is removed; (e) the hand-off is first 1230,000 won; and (e) the reduction of 500,000 won is 730,000 won.

“A false and exaggerated advertisement was made.” However, “G” sold by D was not made from the foregoing materials, and D was not the head of F, but G’s price per unit was not KRW 1.23 million, but KRW 2.80,000,000.

Nevertheless, D made a false and exaggerated advertisement as above, and sold to I, J, K, L, M, and N one purchase price of KRW 1.80,000 per each of KRW 7.30,000 won from August 5, 2015 to August 5, 2015, as shown in attached Table 1, KRW 45,00 "G" to 41 persons, as shown in attached Table 1, from August 2015 to August 5, 2015.

As a result, D made false and exaggerated advertisements on manufacturing methods, and advertisements that are likely to cause mistake or confusion as medicine and efficacy, efficacy, effect, or medicine in preventing and treating diseases.

The Defendant sold 73 food “G”, which is a food, from the beginning of August 2015 to August 5, 2015, after having received a total of 3,2850,000 won from the above company from the above company, and selling 73 food.