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(영문) 대전지방법원 2015.09.17 2015고정1013

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates the company D in Daejeon Seo-gu C.

No one shall make a false or exaggerated indication or advertisement that has the efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse as medicine with regard to the indication of food.

However, from the beginning of February 2015 to April 14, 2015, the Defendant sold food “E” manufactured in Dong-gu, Daejeon Metropolitan City through an Internet site (F, G), and made false and representative advertisements and advertisements that have the efficacy and effect in preventing and treating diseases and are likely to mislead consumers into thinking food as medicine. In India, there are only 1/4 of the patients with dementia (algosssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to the copy of a advertisement closure screen;

1. Relevant provisions of the Acts and the choice of punishment concerning facts constituting an offense, and Articles 94 (1) 2-2 and 13 (1) 1 of the Food Sanitation Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. It is limited to labeling or advertising that the efficacy of the alleged food is incidental to food or appears as a result of nutrition, and thus, it is not a labeling or advertising that directly and mainly aims to treat and prevent a certain disease, etc., and that it is not a labeling or advertising that leads consumers to confuse it as medicine.

2. Determination

A. Article 13(1)1 of the Food Sanitation Act provides that food, etc. shall be treated and prevented from treating specific diseases.