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(영문) 창원지방법원 진주지원 2013.08.22 2013고정334
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

No one shall indicate or advertise that the name, manufacturing method, quality or nutrition labelling of foods, etc., or the nutritional values, raw materials, ingredients, and uses of food additives, have efficacy or effects in preventing and treating diseases, or that such labeling or advertisements are likely to mislead or confuse them as medicine or health functional foods.

Nevertheless, from October 20, 201 to October 31, 2012, the Defendant placed an advertisement of erospheric B, a erospheric processed product, on the Internet website, from around October 20, 2011, and advertised the content that “as a result of taking in four weeks SR-120 against a mushroom for experiment, growth, erosp-120, growth, erospheric, etc., increased as a result of growing erosp, growth, erosp, erosp, erosp, etc., of the said component, with the erospheric display, and displayed

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes governing Internet advertisement photographs;

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

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