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(영문) 서울서부지방법원 2018.01.12 2017고정473
식품위생법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who opens an online shopping mall called Yongsan-gu Seoul Metropolitan Government and 1520 to sell red ginseng products supplied in E.

No one shall indicate or advertise that the name, manufacturing method, quality, nutrition labelling, genetically modified foods, etc. and food history tracking and control labelling of foods with respect to the name of foods, or the efficacy or effect in preventing and treating diseases, or that such foods are likely to be mistaken for, or confused with, medicines or health functional foods, or labeling or advertising that is different from facts or exaggerated.

1. From July 1, 2016 to September 30, 2016, the Defendant sold “F” mixed beverages, which are general food not functional health foods, via the above Internet site. The Defendant’s name in the above site’s product specification column is “F portion in need of F - portion in interest in antixiation and antiquation, - portion in interest in antixication and antiquation, - volume in which the Defendant were born due to blood-related diseases, and F made use of raw materials or ingredients that have functionality useful to human body.

"A mark or advertisement that contains efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead, confuse, or confuse as functional health foods, was placed."

2. While selling “F” products at the same time and place as above 1, the Defendant indicated and advertised the manufacturing source of the product as “H”, despite the fact that the manufacturing source of “F” was a manufacturer of “F.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to the prosecution by the I and J;

1. Readings of the Internet advertisement screen;

1. Application of the Acts and subordinate statutes in writing (E);

1. Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act concerning facts constituting an offense (referring to labeling or advertising that has efficacy or efficacy for the prevention and treatment of diseases, or that is likely to mislead or confuse as functional health foods), Article 95 subparagraph 1 of the Food Sanitation Act and Article 13 (1) 2 of the same Act (referring to false labeling or advertising of manufacturing sources);

1.Article 40 of the Criminal Code of Trade and Trade.

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