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(영문) 서울동부지방법원 2015.01.16 2014고정1165
식품위생법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case is those who serve as the head of the business division of “F” in Gwangjin-gu Seoul Special Metropolitan City E and 501.

No one shall make any false or exaggerated advertisements that are different from facts, or likely to mislead or confuse consumers, with respect to the name, manufacturing method, quality, and nutrition labelling, etc. of foods, etc.

Nevertheless, from July 1, 2013 to February 12, 2014, the Defendant introduced the term “F” business partners, such as G hotel, to sell the fruit foods manufactured by the French Alphalianian company, and displayed the term “AB Cercke as if he obtained the certification of organic farming” with the term “AB Cerke as if he/she obtained the certification of organic farming.”

As a result, the Defendant made an indication or advertisement that differs from facts, or is likely to mislead or confuse consumers, with regard to the name, manufacturing method, quality, and nutrition labelling of food, etc.

2. Determination

A. The Defendant and his defense counsel’s assertion did not participate in the process of preparing and distributing “a letter of introduction of the instant product” as stated in the facts charged by the Defendant.

B. (1) The police interrogation protocol against the defendant is inadmissible by this court because the defendant denies its contents.

(2) According to the records, the public official H in charge of administrative investigation who was informed of the F Co., Ltd.’s act of false exaggerated advertisement (hereinafter “instant company”) demanded the attendance of the representative of the instant company for the purpose of confirming the violation. When the Defendant appeared instead of the representative director of the said company, H directly and specifically.

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