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(영문) 서울동부지방법원 2014.08.22 2014고정1085

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who engages in mail order business using the Internet website in the name of Gwangjin-gu Seoul Special Metropolitan City and 601.

No one shall make a false or exaggerated indication or advertisement that has efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse a drug or health functional food with regard to the indication of the nutritional value, raw materials, or ingredients of food.

Nevertheless, from around October 2013 to March 26, 2014, the Defendant advertised a beverage product, which is a general food, on the above Internet site (http:/www. interspak.com) around March 26, 2014, and indicated and advertised the content that “a vehicle which is a raw material, is often able to strengthen the effect and efficacy of aviation cancer and urology, fire extinguishing system, and immunity.” In relation to the indication of the raw material of the above food, the Defendant placed an indication and advertisement that is likely to have efficacy and effect in preventing and treating diseases, or to mislead or confuse it as medicine or health functional food.”

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. Application of the statutes governing outputs of Internet contents, and outputs of purchasing information;

1. Relevant laws concerning criminal facts, Articles 94 (1) 2-2 and 13 (1) 1 of the Food Sanitation Act, and selection of fines;

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;