beta
(영문) 서울중앙지방법원 2013.09.12 2013고단3215

식품위생법위반

Text

Defendant

A shall be punished by a fine of KRW 4,000,00, and the defendant corporation B shall be punished by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of the (main) B in the second floor of the Gangnam-gu Seoul Building, and the defendant B is a corporation established for the purpose of advertising planning, advertising agency, advertising marketing, etc.

1. Defendant A

A. On March 5, 2013, the Defendant advertisedd “D” products on the 7th page of the sports steering line on the front of the 7th day of the 2013th day, using the phrase “D’s blood exclusive cancellation to prevent brain stroke,” which read “D’s blood exclusive cancellation to prevent blood stroke,” and used the term “D’s blood d’s blood d’ as a result of the blood d’’’’’’ to remove blood stroke, or which is likely to cause mistake

나. 피고인은 위 ‘가’항 일시경 위 회사의 인터넷 홈페이지(E)에 위 ‘D’제품을 광고하면서 “정력제로 더 유명, 남성의 힘이 불끈!”이라는 문구를 사용하여 의약품으로 오인. 혼동시킬 우려가 있는 표시. 광고를 하였다.

C. At the time and time of the above “A,” the Defendant advertised the vegetable vegetables from the Internet bet (F) operated by the said company, using the phrase “hump effect, prevention of grance, prevention of adult diseases, and increase in the immunity,” thereby making it possible or effective for the prevention or treatment of diseases, or misleading or misleading the Defendant as medicine.

2. The above Gap, the representative of the defendant B's defendant, committed the act of violating the above "A," "B," and "C," with respect to the defendant's business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. G statements;

1. Application of the Acts and subordinate statutes to businesses violating the Food Sanitation Act, accusation, exaggerated advertisement and evidence evidence, and mail order business operators;

1. Selection of fines under Article 97 subparagraph 1 of the Food Sanitation Act and Article 13 (1) of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334(1) of the Criminal Procedure Act shall not be less than that of the provisional payment order.