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(영문) 대구지방법원 2018.07.27 2018고합40
보건범죄단속에관한특별조치법위반(부정의약품제조등)등
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for a period of two years and six months and by a fine of thirty million won.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A

A. On October 2013, the Defendant, in violation of the Food Sanitation Act, opened and operated Internet Carpet “D” (hereinafter “E”), promoted the method of naturalism childcare with awareness of the misuse and abuse of antibiotics in modern medicine, and recommended a method of discharging and harming the body’s toxicity by taking off active carbon instead of antibiotics.

Meanwhile, food additives shall be manufactured, imported, processed, used, cooked, or preserved in accordance with the standards, and food additives that do not meet the standards and specifications shall not be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved, or displayed for sale. In such cases, active carbon which is food additives shall not be used for purposes other than for manufacturing or processing foods or for subsidiary materials (such as filtering, tamping, tamping, seized, static, etc.). However, the final food additives shall be removed before the completion of the food intended for use, and the remaining quantity of the food shall not exceed 0.5%.

Nevertheless, on April 22, 2017, the Defendant purchased at KRW 14,00 per 14,00 g, J 300g, a food added to Article 1 of the “I,” and reported the posting of the “E” car page to K and found the effect of piracy.

In introducing, ‘J 300g' was sold in 28,000 won, and 489 products of J 300g was sold as food for a total of 410 times between December 16, 2015 and April 22, 2017, as shown in attached Table 1.

Accordingly, the defendant sold food additives which are determined by the standards and standards as food in a way that does not meet the standards and standards.

(b) A person who intends to engage in the business of manufacturing drugs in violation of the Act on Special Measures for the Control of Public Health Crimes (such as manufacturing illegal drugs) shall be equipped with facilities in accordance with facility standards and obtain permission from the Minister for Food and Drug Safety;

Nevertheless, the Defendant.

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