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(영문) 인천지방법원 2015.01.15 2014고단7650
식품위생법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling, genetically modified foods, etc., or food traceability labeling or advertising with the content that such foods, etc. have efficacy or effect in preventing and treating diseases, or that such foods, etc. are likely to be mistaken for or confused as medicine or health functional foods.

Nevertheless, the defendant from August 23, 2014 to the same year.

9. From the date of December 28, 200 to the Frona located in Gyeyang-gu Incheon Metropolitan City D private letter or Frona in Bupyeong-gu, Incheon, the advertising of “G” products, which are general food, against the elderly people who are customers at that place, “G,” and selling approximately KRW 10 million products, which would have efficacy and effect in the prevention and treatment of diseases, or to mislead or confuse them as medicine or health functional foods.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. Statement of the police statement to I;

1. Application of the Acts and subordinate statutes governing false, exaggerated or advertising photographs and leaflets;

1. Article 94 (1) 2-2 and Article 13 (1) 1 of the Food Sanitation Act applicable to the relevant criminal facts, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the crime is recognized and reflected, the period and scale of sale of the crime, and the fact that there is no record of the crime except twice the record of the fine for this species);

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