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(영문) 서울동부지방법원 2016.02.03 2015고단3540
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is an operator of corporation B located in Sungnam-si, Sungnam-si, and Defendant B is a corporation with the purpose of manufacturing and processing food.

No one shall indicate or advertise that foods, etc. have efficacy or effect in preventing and treating diseases, or that such foods, etc. may be mistaken for or confused as medicine or health functional foods.

In addition, the standards for Chinese labeling shall not be sold, imported, displayed, transported, or used for business for sale unless they are indicated in compliance with the standards. However, Korean characters or foreign languages may be used in combination or together to help consumers understand, such as product names, food types, business explanations, distribution deadline, etc.

1. Defendant A

A. On December 20, 2013, at the office of F Co., Ltd. located in the second floor of the building in Gangnam-gu Seoul, Seoul, the Defendant sold KRW 100,000 “H” manufactured and sold by F Co., Ltd. to G et al., the operator of F Co., Ltd., the second floor of the building in Gangnam-gu, Seoul, to KRW 55,00,00, and “H” was registered as other food, and also was not a drug that can be treated as a disease, but the Defendant issued promotional materials containing the phrase “I”, stating that “H” was not a drug that can be treated as a disease.

B. The Defendant sold food without indicating in Korean language at the date and place indicated in the preceding paragraph, and without any indication of the manufacturing industry, location, names of raw materials and boxes, date of manufacture, and period of distribution, etc., the Defendant sold food with no indication meeting the standards.

2. Defendant B Co., Ltd. is an operator as above with respect to the Defendant’s business at the same time and place as that set forth in paragraph 1.

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