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(영문) 전주지방법원 2015.11.11 2015고정767
식품위생법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who engages in the sale business of food, etc. under the trade name of Jeonju-si B building No. 305 and (P)C in Jeonju-si.

No one shall place any indication or advertisement with a content that is likely to cause mistake or confusion as to the name, manufacturing method, quality or nutrition labelling of foods, etc., genetically modified foods, etc., or food traceability labelling or treatment of diseases, or as to pharmaceutical products or health functional foods.

Nevertheless, from April 1, 2015 to February 2, 2015, the Defendant opened an Internet site D at the above week’s office and sold E, etc. through the said site, the Defendant prepared and posted a letter stating that “E is merely a general food, not a health functional food, but is used for health cars or medicine due to living medicine, and is used for the health and medicine,” citing the Heung's consent referring to the Heung, and used mainly for the border, path, stronger, stronger, stronger, stronger, pathy, pathmity, pathmity, and strongness.”

As a result, the Defendant indicated and advertised that the above products are likely to have efficacy and effect in preventing and treating diseases, or to be mistaken or confused as functional health foods.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on criminal report, confirmation, and investigation result reporting;

1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment under Articles 94 (1) 2-2 and 13 (1) 1 of the Food Sanitation Act;

2. A fine of two million won to be suspended;

3. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the detention of a workhouse.

4. Article 59(1) of the Criminal Code of the Suspension of Sentence recognizes the illegality of the Defendant, such as when committing the instant crime, the primary offender, and the deletion of advertisement immediately after the Defendant’s control, and there is no economic result that there is no goods sold for the instant crime.

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