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(영문) 서울남부지방법원 2017.12.13 2017고정1051

식품위생법위반

Text

Defendant

A shall be punished by a fine of KRW 3,000,000, and by a fine of KRW 3,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a person who actually runs a corporation that sells various kinds of vehicles via the Internet in Guro-gu Seoul Metropolitan Building and 911, and Defendant B is a corporation established for the purpose of selling the Internet.

1. No one shall make false labelling or exaggerated advertisements concerning the manufacturing method and quality of foods, etc., and make an advertisement with contents that are effective for the treatment of diseases, or with contents that may lead to confusion as medicine;

Nevertheless, on November 2016, the Defendant advertised products through the Internet shopping mall operated by a company from the mid-term policeman to the mid-term policeman on December 2, 2016, and advertised products as if they have the effect of urology, blood cycle, urgical rain, fluence, fluence, and anti-smoking.

As a result, the product made a false or exaggerated advertisement that has efficacy or effect in preventing and treating diseases, or that is likely to cause mistake or confusion as medicine or health functional foods.

2. Defendant B, as set forth in paragraph (1), committed the same offense against Defendant B, who is an employee of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the Acts and subordinate statutes on the written accusation;

1. Defendant A: Articles 94(1)2-2 and 13(1)1 of the Food Sanitation Act (Amended by Act No. 14476, Dec. 27, 2016); Defendant B: Articles 100, 94(1)2, and 13(1)1 of the Food Sanitation Act (Amended by Act No. 14476, Dec. 27, 2016);

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act