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(영문) 춘천지방법원 원주지원 2017.03.29 2016고정436
식품위생법위반
Text

[Defendant A] The defendant is punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is the representative of the defendant B Co., Ltd. in Gangwon-si.

1. No person who has an effect on the prevention and treatment of diseases with respect to the nutritional value, raw materials ingredients, and uses of foods or additives, or labeling or advertising that is likely to mislead or confuse foods or additives as medicine or health functional foods;

Nevertheless, on May 2014, the Defendant sold “E” food additives manufactured by the above B Company at the website (F) and advertised that “E” may cause mistake and confusion as if any food additives produced by the Defendant were effective in the prevention and treatment of diseases by using the expressions, such as “the increase of immunity, the removal of fire-fighting deterioration, the effect of blood transfusion improvement, the physical quality improvement, anti-gratation, the anti-grhesion, the control effect of blood pressure and adult disease, low-frat, low-frat, low-frat, low-frat, brh, rhyth, and rhyth, and pesticide decomposition.”

2. Defendant B Co., Ltd., at the date and time, at the places described in paragraph 1, advertised that the representative of the Defendant, as described in paragraph 1, might mislead and confuse the Defendant’s business with food additives as if they were effective in the prevention and treatment of diseases.

Summary of Evidence

1. Defendant A’s legal statement

1. Business registration certificate and business registration certificate;

1. Application of Acts and subordinate statutes requesting appraisal by the National Institute of Scientific and Investigative Research after closure on the website, response to inquiries by the Ministry of Food and Drug Safety;

1. Relevant legal provisions and Defendant A who has the choice of punishment for a crime: Articles 94 (1) 2-2 and 13 (1) 1 of the Food Sanitation Act; Defendant B corporation chosen a fine: Articles 100, 94 (1) 2-2 and 13 (1) 1 of the Food Sanitation Act;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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