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(영문) 대전지방법원 2016.01.14 2015고정1743
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

The Defendant served as a staff member of Daejeon Pung-gu B, 110 Dong 401, and C.

No person shall place a false or exaggerated indication or advertisement concerning the name, manufacturing method, quality and nutrition labelling, genetic materials, associations, food, etc. and the tracking and management labelling of food history.

On July 16, 2015, the Defendant advertised “E” products, a general food, via D’s website, with the effect of removing various kinds of salt certificates within a long time, such as hepatitis, kidying, and dynasium ingredients, and fynasium ingredients, and fynasium ingredients, and fynasium therapy.

“The advertisement made an advertisement that the content of “the efficacy of the treatment of a disease” was effective.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on advertisements in exaggerated ways;

1. Relevant legal provisions concerning facts constituting an offense and Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act (Selection of punishment) of the same Act concerning selective punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the Defendant had no record of criminal punishment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and that the Defendant was an employee of “C”, the punishment as set forth in the order shall be determined.

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