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(영문) 서울북부지방법원 2017.08.25 2017고정1055
식품위생법위반
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative director of C Co., Ltd. who is engaged in medical devices, agricultural and fishery products wholesale retail business, health food and other food sales business, and funeral agency business from around May 7, 2010, and Defendant B is the employee of C Co., Ltd from around March 201.

No person shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling, genetically modified foods, etc. and food history tracking and control labelling of foods, etc. with contents that are likely to have efficacy and effect in preventing and treating diseases or to mislead or confuse them as medicine.

Nevertheless, from March 23, 2017 to April 14, 2017, the Defendants conspired to operate a commercial building with the trade name of 150 square meters of 2nd underground floor in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, in order to operate a single-name “F” for senior citizens who have installed an office, goods display room, lecture room, and installed a lecture room, and sold the sap of “F” manufactured by using other food as the raw material, to senior citizens who find the director of the public relations center. In selling the sap of “F”, the Defendants made an indication and advertisement that there is efficacy or effect in the prevention and treatment of diseases, or that there is a possibility of misconception and confusion as medicine.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related to G;

1. Investigation report (related to promotional video images);

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photograph seized articles, photographic pictures and photographe images;

1. The Defendants of the relevant legal provisions and the choice of punishment for criminal facts: Articles 94(1)2-2 and 13(1)1 of the Food Sanitation Act, Article 30 of the Criminal Act

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 48(1)1 of the Criminal Act;

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

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