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(영문) 서울남부지방법원 2017.12.21 2017고정1170

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

A. The Defendant is a person who runs a food sales business, such as “F” manufactured in the Gangseo-gu Seoul Metropolitan Government Dispute Resolution E, which is called “D” in subparagraphs B and C of this Article.

No one shall indicate, advertise, or advertise that the name, manufacturing method, quality, nutrition labelling, genetically modified foods, etc., or food history tracking and management labelling of foods, etc., with any content that is effective or effective in the prevention and treatment of diseases, or that is likely to mislead or confuse as medicines or health functional foods, or make an exaggerated indication or advertisement.

Nevertheless, on March 3, 2017, the Defendant, on the website (G) from the above office of “D, is eating “F,” which is a food for which the Defendant sells, by means of “manium* Madro-gu, ** Madro (coch salt), * Madro (cochitis), Madro* * Madro (mastro).

“F shall publish a number of the latter parts of this article to indicate or advertise that the said food has efficacy or effect in the prevention and treatment of diseases, or that it is likely to confuse it with medicine or health functional foods, and “F has won the subject of subparagraph (State) at H under the supervision of the Korean Intellectual Property Office.

by inserting the phrase “ .........”, the Government posted an indication or advertisement that is different or exaggerated from the fact by using other listing, which is not a medal received in relation to the product under the Government Official Commendation Regulations

Summary of Evidence

1. A written accusation;

1. A public official statement prepared in the I;

1. Written confirmation of the preparation of J (D personnel);

1. Monitoring of contents of Internet advertisements of the integrated information network for the management of false exaggerated advertisements;

1. Details of the F homepage;

1. A certificate of water performance;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of the previous summary order);

1. Article 94 (1) 2-2 of the Food Sanitation Act, Article 13 (1) 1 of the same Act concerning facts constituting an offense (the expression or advertisement that has the efficacy for the prevention and treatment of diseases, or that is likely to mislead or confuse as medicine, etc.) and Article 95 subparagraph 1 of the Food Sanitation Act and Article 13 (1) 2 of the same Act (the point of indication or advertisement that is different from the facts or exaggerated to the facts) [the point of indication or advertisement] of the same Act.