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(영문) 제주지방법원 2017.11.29 2017고정543
식품위생법위반
Text

Defendant shall be punished by a fine of 300,000 won.

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 operates a communications sales business under the trade name of D in Jeju City.

No one shall indicate or advertise that the name, manufacturing method, quality, nutrition labelling, genetically modified foods, etc. and food history tracking and management labeling of foods, etc. with the efficacy or effect in preventing and treating diseases, or that such foods are likely to be mistaken for, or mixed with, pharmaceutical products or health functional foods.

From November 15, 2016 to May 15, 2017, the Defendant’s Internet site “htp (htp:/www.co.K.)” to be seen by anyone from around November 15, 2016, is good for memory typ, safry, dementia, etc., and, in particular, is good for negopathy, pathy, and mathy.

Along with the efficacy to increase the density of the bones by increasing the balone of the bones, it is good for treatment of dynasium, i.e., dynasium.

The content of “Saman’s Modles indicated and advertised that “The efficacy, efficacy, or effect in disease treatment, or that is likely to be mistaken for medicine or health food, by making a strong recommendation for the prevention of fluenitesation on the bones, sulfuric acid, sulphal cancer, brudal cancer, and fluoritis” with the content that “the efficacy, efficacy, or efficacy in disease treatment” was indicated and advertised.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to photographs (10,11 pages of atomatoma and evidence) and to a rooftop course upon closure of a rooftop;

1. Relevant Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act concerning facts constituting an offense, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include: (a) the deletion of the pertinent advertisement after the Defendant recognized the crime and became aware of the illegality in the course of committing the crime; (b) the primary crime without any record of criminal punishment; and (c) the circumstances constituting the conditions for sentencing, such as the Defendant’s age, environment, and circumstances after committing the crime, shall be determined as indicated in the Disposition.

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