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(영문) 서울서부지방법원 2014.05.28 2014고단316

식품위생법위반

Text

Defendants shall be punished by a fine of KRW 8,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the head of the G Business Department G Co., Ltd., the five floors of the F building in Guro-gu Seoul Metropolitan Government.

1. No person who intends to make an advertisement with respect to the name, manufacturing method, quality, nutrition labelling, etc. of foods, etc. shall make an advertisement that has efficacy or efficacy in the prevention and treatment of diseases, or that is likely to mislead or confuse them as medicine or health functional foods;

Nevertheless, from February 2013 to December 31, 2013, the Defendant sold KRW 346,880 and KRW 5,660 in total, and KRW 346,847,780, the Defendant cited the content of K’s broadcast to the Blogs (J) operated by the Defendant, and cited the content of K’s broadcast to the Blogs (J) that “it has an effect on the Flog’s initial identification,” and cited the content of broadcast of the East TV J’s TV broadcast, citing the content of “slogsing in the form of slosts”, “the strong effect that is fast in the form of slogs and salt,” and “the effect of preventing ordinary use”, and citing the content of the Slogs TV music broadcast, thereby citing the content of “the effect of preventing food diseases,” and citing the content of “the effect of the advertisement, etc., that may mislead or confuse it as medicine and medicine.

2. The Defendant B, the head of the G business division of the Defendant Company, advertised that the Defendant Company A, who is the head of the G business division of the Defendant Company, had the efficacy and effect in preventing and treating diseases, or that it may mislead or confuse the Defendant as medicine.

Summary of Evidence

1. Defendant A’s legal statement

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Statement of the police concerning L;

1. Application of Acts and subordinate statutes to a report on investigation (record eight pages, 15 pages, 23 pages, 26 pages, 29 pages, 33 pages, 38, 46 pages, 49, 57, 65 pages, 75 pages, 89, 98, 107 pages);

1. Defendant A: The former Food Sanitation Act (Law No. 11873) No. 1 and Article 13(1)1 of the former Food Sanitation Act (Act No. 11873)