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(영문) 대구지방법원 2013.06.05 2013고정941
식품위생법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who runs a mail order business by opening an Internet shopping mall “D” and “E” after reporting a communications sales business in the name of “C” on the 3th floor in Daegu-gu.

No one shall place an indication or advertisement with any content that has the efficacy or effect in preventing or treating diseases, or that is likely to mislead or confuse as medicine or health functional foods, or place an exaggerated or exaggerated indication or advertisement with respect to foods.

Nevertheless, the Defendant opened the Internet shopping mall site “D” on September 22, 2012 and used the advertising phrase “F” to sell “F” until November 22, 2012, and sold the said Internet shopping mall site, and opened the phrase “E” around November 2012 and sold “G” until January 23, 2013. In selling “H”, the Defendant sold the phrase “H” to the effect that “I have efficacy in urology, high blood pressure, ledger, liver cancer, liver cancer, etc.” by referring to a specific disease, thereby misleading confusion and preventive effect of disease treatment and preventive measures, causing misconceptions as medicine, false advertising, and selling false and exaggerated advertisements to many consumers.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Statement of each public official;

1. Application of Acts and subordinate statutes concerning each food, false or exaggerated advertisement content;

1. Article 97 subparagraph 1 of the former Food Sanitation Act (amended by Act No. 11690, Mar. 23, 2013) and Article 13 (1) of the same Act (amended by Act No. 11690, Mar. 23, 2013);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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