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(영문) 인천지방법원 2016.02.16 2015고단7488

식품위생법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while operating the public relations center of “C” on the second floor of the Bupyeong-gu Incheon Bupyeong-gu B building, offered a proposal to encourage the head of the farm of “D” that manufactures and sells food and industrial products to sell green X-ray products for three days, and conspired to place advertisements that are likely to have efficacy and effect in preventing and treating diseases, or to cause confusion and confusion as medicine in selling green X-ray products together with E, F, and G, a public relations instructor belonging to D.

Accordingly, the Defendant distributed promotion leaflets from around April 20, 2015 to April 22, 2015 from around April 20, 2015 to around April 2, 2015 and sold food produced by X-ray in D to the 60 senior citizens who had been recruited by distributing promotion leaflets from the above “C” to the 60 senior citizens. The Defendant is a melting food directly produced at D farms using micro and spackers installed therein.

The defendant, in the same manner, sold green X-ray equivalent to about 32 million won by stating that "the melting of melting of melting shall be helpful to revitalize brain cells, and shall be improved than oriental medicine," and making a false and exaggerated advertisement."

As a result, the Defendant, in collusion with E, F, and G, placed an advertisement that could have efficacy and effect in the prevention and treatment of diseases, or cause mistake and confusion as medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer against H, I, J, K, or L;

1. A protocol concerning the examination of some police officers in relation to E, F, and G;

1. Statement made by the police against M;

1. Domestic investigation reports, investigation reports (Analysiss, etc. of the departments of business places), investigation reports (Attachment to photographs);

1. Application of Acts and subordinate statutes to a criminal investigation report (the verification of an excursion ship by a purchaser for recording), such as the division of a place of business and a statement of transactions, photographs, sales and purchases by item, and the current status of sales by customers

1. Article 94 of the relevant Act on criminal facts and Article 94 of the Food Sanitation Act 2-2.