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(영문) 서울동부지방법원 2014.11.20 2014고정1742

식품위생법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a business that sells health functional foods, etc. under the trade name of Gangdong-gu Seoul Metropolitan Government “C”.

No one shall place any indication or advertisement that has efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse as medicine or functional health foods with regard to the name, manufacturing method, quality or nutrition labelling of foods, etc., genetically modified foods, etc., and food traceability labeling.

Nevertheless, from April 2014 to June 17, 2014, the Defendant sold “D”, which is a general food (other processed products) via the Internet Gmarket site (htp://ceblm2.gmet.co.kr). The Defendant posted on the said site a letter “D” such as “htp”, “htp/ceblurging of a child’s growth growth, immunodeficiency force, Iropic administration, promotion of a funeral campaign, promotion of a new ambassador, blood cycle improvement, prevention of an empty blood transfusion, and improvement of the health and fire extinguishing functions.”

Accordingly, the defendant made an indication or advertisement that is likely to mislead or confuse him/her into efficacy or efficacy or medicine or health functional foods.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation against the offender of the Food Sanitation Act;

1. Application of Acts and subordinate statutes on the advertisement screen;

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;