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(영문) 서울중앙지방법원 2017.08.08 2017고정1619
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 runs an import-sale business, such as imported food, in the name of “C” in Seocho-gu Seoul Metropolitan Government.

No one shall display a false or exaggerated indication or advertisement with the content that is likely to cause confusion as to the prevention and treatment of diseases or medicine or health functional foods, with respect to the name, manufacturing method, quality, nutrition labelling, genetic materials, associations of foods, etc. and the tracking and management labelling of food history.

Nevertheless, from October 2016 to January 16, 2017, the Defendant publicizeds the diversity of imported agricultural products on the Internet site (D) with a right to diversize for a long time during the long period of chronic diseases, such as catherter, high blood pressure, and catitis.

The advertisement, “efficiencies, such as strengthening of liver functions, strengthening of blood transfusions (curology improvement), prevention of cancer, strengthening of brain functions, etc.,” was inserted, and sold to E and one other from November 2016 to January 16, 2017, thereby violating the market price of 227,160 won.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to accusations, contents of product advertising, strengthening of safety management of agricultural products sold online, business registration certificates, and final return of value added by general taxable persons;

1. Relevant Article of the relevant Act on criminal facts and Article 94 (1) 2-2 of the Food Sanitation Act, and Article 13 (1) 1 (Selection of a punishment punishment) of the same Act on the selective crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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