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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant is a person who sells health foods under the mutual name “D” in the Dong-gu Seoul Metropolitan City 405.
No person shall make any false, exaggerated, or slander or advertise with a content that is likely to cause mistake or confusion as an efficacy or effect in the prevention and treatment of diseases, or a medicine or health functional food, with respect to the name, manufacturing method, and quality of food, etc.
Nevertheless, the Defendant, from May 20, 201 to June 2013, in selling F, G, H, etc. sold as general food by E Co., Ltd. from around May 20, 201 to around June 2013, indicated the phrase “scirburgosis” with respect to “scirnburgosis” contained in the said food, to remove the gratium and strengthen the head. helps to assist in blood circulation and to prevent decretion and adult diseases. It also assists in the prevention of ladrization and adult diseases. Moreover, the Defendant made an advertisement by stating the phrase “to promote growth by creating cells and promoting growth, and to assist in the improvement of inter-functional functions through piracy action,” and with respect to “F,” with respect to “D,” as if it had the effect of “food or health functional foods”, such as health functional foods.
As a result, the Defendant advertised that the quality of food is effective and effective in preventing and treating diseases, or that it is likely to mislead or confuse the quality of food as medicine or health functional food.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol of partial police interrogation of the accused;
1. A report on the manufacture of each advertising place and each food item;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article of the Act on Criminal Crimes and the former Food Sanitation Act (amended by Act No. 11819, May 22, 2013; hereinafter the same shall apply) in which punishment is selected.