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(영문) 서울서부지방법원 2017.07.21 2017고정705

식품위생법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant reported the distribution-specialized sales business to C, a stock company located in Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and distributed and sold “D” products, a mixed beverage, as the above trademark.

No one shall indicate or advertise that the denomination, manufacturing method, quality and nutrition labelling, genetically modified foods, etc. and food history tracking and control labelling, and that the nutrition of foods or additives has efficacy or effect in preventing and treating diseases, or that such foods or additives are likely to be mistaken for or confused with medicine or health functional foods, with respect to the nutritional value, raw materials, ingredients, and uses thereof.

Nevertheless, during the period from October 2016 to January 25, 2017, the Defendant advertised “D” products through C Internet shopping mall, the Defendant: (a) placed an advertisement with the content that is “the most effective obsive acid d; (b)”; (c) the content that “the most effective obsive acid d; (d)”; and (e) “the effect of removing harmful oxygen,” and “the functional environment that has a strong effect of removing hydrogen,” and (e) discovered the effect and effect of hydrogen, such as therapy, the prevention of damage to skin cells; (e) prevention of exposure; (g) protection of skin cells; (g) improvement of the survival rate of cell cells cells; (g) treatment of skin-cell cells; (g) development of spawn infection; (g) promotion of re-construction; and (g) development of 4 products; and (g) development of 0 products and/or 4 products related to health functional foods; and (g) development of 4 products and/or 4 products related effects.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each investigation report (the confirmation, etc. of notice on Internet homepage);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;