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(영문) 춘천지방법원 강릉지원 2017.07.13 2017고정149
식품위생법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” in the East Sea B.

No one shall indicate or advertise that the quality, nutrition labelling, etc. of foods, etc. has efficacy or effect in the prevention and treatment of diseases, or that such foods, etc. may mislead or confuse them as medicine or health functional foods.

Nevertheless, between March 24, 2016 and March 2017, the Defendant entered the content of “C” in its own advertising site, including “hyspathy’s efficacy (e.g., hyspathy cancer, urine, high blood pressure, and adult disease)”, “natural improvement refecting the crymosis, high blood pressure,” “myspathy,” “mal stability improvement of the cyspathic stress,” and “easing the pain of cancer patients and preventing the cyspathy of cancer.”

As a result, the Defendant advertised food that there is efficacy or effect in preventing and treating diseases, or that there is a possibility of misunderstanding or confusion as medicine or health functional food.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on books and photographs, paper mulberry advertising paper produced by himself/herself, and brochures products of ceiva;

1. Relevant Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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