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(영문) 인천지방법원 2015.05.14 2015고단841
식품위생법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

When the Defendant operates a food subdivision establishment with the trade name "C" from Bupyeong-gu B and 5 Incheon Bupyeong-gu, Incheon, it is a person who sells general processed food or health functional foods.

No one shall indicate or advertise that the advertisement of food is likely to mislead or confuse consumers with efficacy or effect in the prevention and treatment of diseases, or drugs or health functional foods.

From September 20, 2014 to October 20, 2014, the Defendant advertised that the above food sold by the Defendant as if it had efficacy and effect in the prevention and treatment of disease, by distributing the leaflets stating “in the way of removing salves, anti-copic cancer, preventing various adult diseases, preventing salves, preventing salves, preventing salves infection, preventing clibsium infection, and clibsium or high blood pressure to D and E.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the original receipt of civil petition reports (including evidential materials);

1. Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act concerning criminal facts;

1. Selection of a selective fine for punishment (all circumstances, such as the full destruction of the complex, etc. and the active correction thereof after undergoing an examination by the competent authority, etc., after committing the crime, the circumstances following the crime are good, the circumstances leading to the crime, the results of the crime (15 days business suspension) and the fact that there is no criminal record, other than once a fine for this species imposed);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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