beta
(영문) 서울동부지방법원 2016.02.17 2015고정1663

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No one shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling, genetic materials, associations of food, etc., and food history tracking and management with respect to the indication of the name, manufacturing method, quality and nutrition labelling, food, etc. of foods, etc., have efficacy or efficacy in preventing and treating diseases, or that such indication or advertisement may lead to mistake or confusion as medicine or health functional foods

Nevertheless, the Defendant, at the office of “D Association” in Seongdong-gu Seoul Metropolitan Government’s operation, from around April 2014 to May 6, 2015, indicated in the Internet site (E) the “F’s “P medical products”, “hyphical salt produced by modern medicine”, “medical doctors treat patients by salt,” “fying blood with less salt”, “1% of salt syring,” and “1% of salt syring,” along with the expression “F’s high sychium (0% of syke, urine, etc.) first born in the history of the human history, and when salt falls short of salt base (e.g., skin disease, urine disease, etc.). In addition, the Defendant stated that it would assist in the prevention of direct and indirect experience of skin infection, etc. (e., skin disease, etc.).

Accordingly, the Defendant indicated or advertised that “F” is likely to have efficacy or effect in preventing and treating these diseases, or to mislead or confuse it as medicine or health functional foods.

Summary of Evidence

1. Partial statement of the defendant;

1. G statements;

1. A written accusation;

1. Data on the screen of the advertisement and other relevant data;

1. Application of reply statutes to requests for investigative cooperation;

1. Relevant legal provisions concerning facts constituting an offense and Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act (Selection of punishment) of the same Act concerning selective punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Advertisement on which the assertion is posted;