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(영문) 광주지방법원 목포지원 2014.01.16 2013고정438
식품위생법위반
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant Co., Ltd. is a person who actually runs food manufacturing and processing business under his/her trade name.

As to the name, manufacturing method, quality and nutrition labelling, genetically modified foods, etc. and food traceability labelling, no one shall indicate or advertise that the food, which is a food, has efficacy or efficacy in the prevention and treatment of diseases, or that there is possibility of misconception or confusion as medicine or health functional foods. However, around April 16, 2013, the Defendant posted an indication or advertisement on F, which is a food produced by the Defendant on the Internet site E, at the above C office located in Hangu-gun, the Internet site of the above C office, stating that “Ilter food, urology, essential drinks of patients suffering from urology, urology, urology, urology caused by physical improvement, and urology,” with respect to F, which is a food, may have efficacy or efficacy in the prevention and treatment of diseases or in the treatment of medicine or health functional foods, or be mistaken or confused as medicine or health functional foods.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes stating data on the Internet site;

1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment under Articles 97 subparagraph 1 and 13 (1) 1 of the Food Sanitation Act (Selection of Fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion and judgment on the provisional payment order under Article 334 (1) of the Criminal Procedure Act

1. The summary of the defendant's assertion is not likely to mislead or confuse F, a food produced by the defendant, as medicine or functional health foods. The above F, in fact, is effective to improve urology, so the defendant's act does not constitute an act prohibited by the Food Sanitation Act.

2. The provisions of the Food Sanitation Act prohibiting “an indication or advertisement likely to mislead or confuse with pharmaceutical products or health functional foods” as to the determined foods, their raw materials, etc.

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