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(영문) 서울남부지방법원 2015.11.11 2015고정1242
식품위생법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “(D)D” under the Yeongdeungpo-gu Seoul Metropolitan Government Building 1002.

No one shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling of foods, etc., genetically modified foods, etc. and food traceability labelling, and nutritional values, raw materials, ingredients, and uses of foods or food additives have efficacy or effects in preventing and treating diseases, or that they are likely to mislead or confuse them as medicine or health functional foods.

Nevertheless, from December 2014 to January 2015, the Defendant introduced E products from the Internet shopping site No. 11 (www.11stS.co.kr) to the Internet shopping site (www.11st), and indicated and advertised the contents that are likely to have efficacy and effect in the prevention and treatment of diseases, or to mislead or confuse them with pharmaceutical products or health functional foods, such as “the strengthening of gysibia, the strengthening of immunity, the strengthening of functions between airworthiness, the strengthening of core diseases, the prevention of stroke female cancer during the heart disease, the improvement of stroke, the mitigation of stropha, and the relaxation of alphrosis,” etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a public official statement;

1. Application of the Acts and subordinate statutes on the screen after advertising closure;

1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment under Articles 94 (1) 2-2 and 13 (1) 1 of the Food Sanitation Act;

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

1. The defendant's assertion and judgment of the provisional payment order under Article 334 (1) of the Criminal Procedure Act asserted that the phrase posted on the Internet site is merely an explanation of the generally known Arabic composition and the efficacy as a food, and it cannot be viewed as an advertisement which might cause confusion as a medicine.

According to the records, the Defendant’s processed food, “E,” which is “E,” whose primary ingredient is Abeli powder and which is added such as polycerum, lead acid, and catum powder.

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