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(영문) 춘천지방법원 2016.09.22 2016고단511
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If 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 the “D” in Suwon Hongcheon-gun C, and sells medicinal herbs, etc.

No one shall indicate or advertise that the name, manufacturing method, quality, nutrition labelling, etc. of foods, etc. has efficacy in preventing and treating diseases or that such foods, etc. may mislead or confuse them as medicine or health functional foods.

Nevertheless, around December 2015, the Defendant posted an advertisement on the Internet NAV B B B, and on the Internet page of the said farm, “red red tree”, which is an item prohibited from food, with the content of “decent efficacy in skin diseases,” “a fluently listened to a dry line, an Atotopy, or a lux, etc.,” and “decent efficacy in urine,” and sold 40 km (a total market value of KRW 800,00) to unspecified consumers from around that time to March 17, 2016.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of a letter of business trip;

1. Application of the Acts and subordinate statutes to the four-dimensional tables and output outputs operated by the Defendant;

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

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