식품위생법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (legal scenarios) is that the Defendants’ promotion of the information by micro and sckers against many people does not have any essential difference from the advertising by video and music, and thus, it is reasonable to interpret that the Defendants, even if not by radio-wave media, are advertised by “other methods” as stipulated in Article 8 of the Enforcement Rule of the Food Sanitation Act.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in the misunderstanding of legal principles as to the concept of "advertisement" under Article 13(1)1 of the Food Sanitation Act, which affected the conclusion of the judgment
2. The summary of the facts charged is the business owner who operates D in Daegu Seo-gu, and engages in the retail business of medical devices, health functional foods, etc., and the defendant A is the employee of the above D.
No one shall indicate or advertise that the name, manufacturing method, quality or nutrition labelling of foods, etc., genetically modified foods, etc., or food traceability labeling or advertising with the efficacy or effect in preventing and treating diseases, or that such foods, etc. are likely to mislead or confuse as medicine or health functional foods.
Nevertheless, the Defendants conspired to make an exaggerated advertisement that the “E”, which is a flaz salt, has efficacy for the prevention and treatment of diseases.
Accordingly, the Defendants, around October 17, 2017, publicized and advertised “E” to customers in the above D, and Defendant B, the content of Defendant B, stating, “If the salt is dried and dried, then dried up the softened softened softened softened softened softened softened. In addition, the fluencing dysium was generated, but the skin was dyke in the skin. Of the required salt, the urine urine and the dyeculous person with the blood pressure should not drink the salt, and this salt is no food relationship. It is so created. Next, if you go to the hospital, we cannot fit the Heggel, and fall off, and 95% is this salt.”