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(영문) 부산지방법원 2018.04.24 2018고정152
식품위생법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the electronic commerce business with the trade name "C" in the Geum-gu Busan Metropolitan Government B.

No person shall use certified, guaranteed or recommended details concerning the names, manufacturing methods, quality and nutrition labelling, genetically modified foods, etc. and food history tracking and control labelling of foods, etc., or use any false, exaggerated or secret indication or advertisement that expresses similar matters.

Nevertheless, even though the Defendant did not obtain certification on food from the National Foundation of the Forestry and Digminist (FDA), the Defendant issued a false label as if the foods were certified by FDA, by inserting the phrase “FDA certification” on the above site, when selling soft processed food through C E-Commerce (D) from around 2016 to around July 2017, and by inserting the phrase “FDA certification.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (a specific business entity advertised by using a U.S. FDA-certified language);

1. Relevant Article of the Act on Criminal facts and subparagraph 1 of Article 95 of the Food Sanitation Act, and Article 13 (1) 2 (Selection of Penalty Surcharge) of the same Act concerning selective punishment;

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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