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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who operates C Co., Ltd., a food mail order company in Gangnam-gu, Seoul.
No one shall indicate or advertise that the food, etc. has efficacy or effect in preventing and treating diseases with regard to the name, manufacturing method, and quality and nutrition labelling of food, etc., or that such indication or advertisement is likely to mislead or confuse the food, etc. or health functional foods.
Nevertheless, on December 2, 2011, the Defendant advertised Non-lele products on the Internet homepage (D) of the shopping mall operated by the Defendant at the Seocho Police Office (hereinafter referred to as “Sman Office”), and indicated and advertised that “it is likely to have efficacy and effect in the prevention and treatment of diseases, or to mislead or confuse them with medicine or functional health foods, such as making it possible to mislead or confuse them into medicine or functional health foods when it is damaged by a variety of toxic substances. They have the effect of regradation of cell cells when it is summaryly damaged by a variety of toxic substances, and is outstanding in a man’s regradyed salt or women’s perfortitis, such as kidy salt, dynad, stoma, Alphymitis, almatitis, etc.”
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning outputs to a website closure;
1. Article 97 subparagraph 1 of the former Food Sanitation Act (amended by Act No. 11000, Aug. 4, 201) and Article 97 subparagraph 1 of the same Act (amended by Act No. 11000, Aug. 4, 201);
1. Articles 70 (1) and 69 (2) of the confinement in a workhouse;