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(영문) 서울중앙지방법원 2017.02.02 2016고정3783

식품위생법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the defendant in Gangnam-gu Seoul and the third floor D representative director.

No one shall place an indication or advertisement that has efficacy or effect on the prevention and treatment of diseases, or that is likely to cause confusion as medicine or health functional foods.

Nevertheless, the defendant advertised "F" products that are food in E 10:30, while advertising "F" products, and the F's "F's Lesbels" ingredients are effective in preventing aging, extending the number of cells, efficacy of cancer prevention, prevention of dementia, and prevention of dementia, and "F's functionality evaluation is being carried out in order to recognize F as F as Ferg.

"," and "FOD DDR" have the honor to standardize outstanding functional food and obtain certification as a drug.

The contents of “”, etc. posted an advertisement with the content that is likely to mislead others as if the product had efficacy in the prevention and treatment of diseases, or as if the product was a medicine or a health functional food.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. A written accusation;

1. The advertisement of this case, which is the advertising output, is located in the "detailed information column" that explains the specific contents of the product, as to the effect of preventing the disease of Lesbera, which is the product's component, and its content accounts for the main part of the advertisement.

In contrast, there is no information about the flag or the sense of food of the instant product corresponding to food, and the Defendant directly uses the expression “F” or “human evidence” with respect to the name of the product.

Examining the overall contents of the instant advertisement, including these points, based on the general public’s average perception, it can be sufficiently recognized that the instant advertisement has efficacy and effect in preventing and treating diseases, or that the Defendant’s products are likely to be confused as medicine or health functional foods.