식품위생법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted as to the gist of the grounds for appeal, the court below erred by misapprehending the fact that the defendant was not guilty, which affected the conclusion of the judgment, by advertising the Internet lecture sent by the defendant at the head office, or by keeping the leafletss, etc. sent at the head office to each cultural center, which affected the prevention and treatment of diseases, or which might lead to misconceptions as to the effect of preventing and treating diseases, or as medicine or health functional foods.
2. Determination
A. The Defendant in the facts charged is a person who sells E, F, G, H, I, etc., functional health foods, while operating the Dongjak-gu Seoul Metropolitan Government Multi-level D Cultural Institute, which is a multi-level selling company for functional health foods, E, F, G, H, I, etc.
No one shall indicate or advertise that the name, manufacturing method, quality nutrition labelling, gene re-cooperative food, or food history tracking and control labelling of foods, etc. has efficacy or effect in preventing and treating diseases, or that such labeling or advertisement is likely to cause mistake or confusion as medicine or health functional foods, and no indication or advertisement of the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and control of records of health functional foods shall be made with respect to the name, raw materials, manufacturing methods, nutrients, methods of use, quality and records of health functional foods, which have efficacy or effect in preventing and treating diseases or are likely to cause confusion as medicine.
Nevertheless, around September 5, 2014, the Defendant has outstanding effects on the Internet broadcasting stations and D products of the headquarters headquarters of D and D companies at the above location by using the scamblings, sexual instruments, etc. “E is highly effective in cancer, blood cycle, blood transfusion, high blood pressure, urology, urology, urology, and maths.
“F”, “F, as it contains Magra (natural non-avig), is a pre-agniated vessel;