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(영문) 서울북부지방법원 2015.08.19 2015고정1637

식품위생법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who carries on a mail order business using the Internet website in Seoul Special Metropolitan City, Nowon-gu.

No one shall place any false or exaggerated labelling or advertising that has efficacy or effect in the prevention and treatment of diseases or that is likely to mislead or confuse drugs or health functional foods with regard to the name, manufacturing method, quality or nutrition labelling of foods, etc.

Nevertheless, from January 15, 2015 to February 23, 2015, the Defendant made a false and exaggerated display or advertisement to many unspecified persons, as if the sound ingredients of “D” food have efficacy in the prevention and treatment of diseases, such as blood transfusion, high blood pressure, and ties, etc., in the Internet address (htp:/www.1ststst.co.co.), which are the raw materials of “D”, had effect on the prevention and treatment of diseases.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect prepared by special judicial police officers against the accused;

1. A written accusation;

1. Application of the content Acts and subordinate statutes;

1. Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act concerning criminal facts, the choice of punishment, and the 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;