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(영문) 서울동부지방법원 2014.09.04 2014고정1354

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a person who sells “D”, which is a general food, under the trade name “C” in Gangdong-gu Seoul Metropolitan Government.

No one shall place an indication or advertisement that has efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse drugs or health functional foods with regard to the name, manufacturing method, quality, nutrition labelling, etc. of foods, etc.

Nevertheless, from June 2013 to April 27, 2014, the Defendant advertised “D”, which is a general food, at the 11st price (www.11stst.co.kr) of the Internet Open Market, and used the phrase “fire fighting operation, anti-mination prevention, and the improvement of eyesight.”

As a result, the Defendant made an indication or advertisement that is likely to cause mistake or confusion as to the name, manufacturing method, quality, nutrition labelling, etc. of food, etc., which has efficacy or efficacy in preventing and treating diseases, or medicine or health functional foods.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation of the offender of the Food Sanitation Act (C);

1. Application of Acts and subordinate statutes concerning Internet closure photographs;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 94 (1) 2-2 and 13 (1) 1 of the Food Sanitation Act that choose punishment;

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

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