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(영문) 서울중앙지방법원 2013.10.22 2013고정4413
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. No one shall indicate or advertise that food traceability labeling, such as the name, manufacturing method, quality, nutrition labelling, or genetically modified foods, has efficacy or effect in preventing and treating diseases, or that such labeling or advertisement is likely to cause mistake or confusion as medicine or health functional foods;

The Defendant, as the representative director of the Company B, sold drinking water called “Gework” through D’s Internet site at the above company’s office located in the fourth floor of Gangnam-gu Seoul building from September 2012 to May 2013, the Defendant opened and managed the message board “Gerogate” on the above website’s website from September 2012, and indicated the purchaser’s experience media that the above drinking water has effect of disease, such as catherter, urology, carcule, carcule, carcule, gye, gyeth, gyeth, gyeth, gye, and bat, and thus, advertised that it is likely to mislead or confuse consumers with efficacy and effect in the prevention and treatment of diseases or medicine or health food.

2. Defendant B Co., Ltd. is a corporation that receives drinking water called “Gework” and sells the drinking water through the Internet site called “D.”

A, the representative of the Defendant, expressed a buyer’s experience on the Defendant’s business at the above date, time, and place, thereby making an advertisement that might have efficacy and effect in preventing and treating diseases or to mislead or confuse the Defendant with medicine or health food.

Summary of Evidence

1. Defendants’ respective legal statements

1. The written accusation, photograph of evidence, and E;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements of witnesses);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 97 Subparag. 1 and Article 13(1) of the Food Sanitation Act; selection of fines

B. Defendant B: Food Sanitation Act.

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