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(영문) 서울서부지방법원 2016.06.29 2016고정578
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The Defendant is a person who sells food, etc. under the trade name "C" in Yongsan-gu Seoul Metropolitan Government and 101.

No one shall advertise that there is efficacy or effect in the prevention and treatment of diseases, or that there is a possibility of misunderstanding or confusion as medicine or health functional foods with regard to the name, manufacturing method, quality or nutrition labelling, nutritional values, raw materials, ingredients, uses, etc. of foods.

Nevertheless, from January 2013 to September 1, 2015, the Defendant sold the aforesaid “C” office, such as “Yacheon-Ma,” “through diagnosis”, “Mae-Ma, Samsung Open Land Refund,” and “red red ginseng melting cel,” etc., which are food, and as to D newspapers, and as to “Yacheon-Ma, in relation to the pain diagnosis and increase of racing life drugs,” “Yacheon-Ma, which has been able to return to male and female chosomes, such as male crost, male air power reduction, constant strength reduction, fluence, huma, humo-mar, high blood pressure, high blood pressure, and urology.”

"The effects of an open space for Samsung and yellow ginseng melting" were as follows: "the chronic skin, male cirrosis, male cirrosis, mathropty, mathropty, kythropty, high blood pressure, cirrheat, urology recovery, exemption, gymnathy, and gymnathy effects", and "the possible male and female cirropium, male cirropty, mathropty, mathropty, mathropty, knife, high blood pressure, and urology," and advertising to the same effect as the consumers who reported the above examination, sold products of KRW 19,9980,00 to 1,010.

As a result, the Defendant advertised food that there is efficacy or effect in preventing and treating diseases, or that there is a possibility of misunderstanding or confusion as medicine or health functional food.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to the Examination for Yellow Games Advertisement);

1. Article 94(1)2 of the Food Sanitation Act and Article 13(1)1 of the same Act (including food) for criminal facts.

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