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(영문) 대전지방법원 천안지원 2018.06.19 2018고정291
식품위생법위반
Text

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 the representative of Asan City B, 204 Dong 1007.

No one shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling, genetic materials, associations, foods, etc. and food history tracking and management labelling of foods, etc. with the content that such foods, etc. have efficacy or effect in preventing and treating diseases, or that such foods, etc. may be mistaken for or confused as medicine or health functional foods, and shall advertise other companies or products that slander such foods, etc.

Nevertheless, from the U.S. day to June 22, 2017, the Defendant sold approximately 100 of the 100 sexual organic farming net in Internet shopping mall Gmaret, and posted “one level of food out of four food that must be consumed to prevent aging” and “one level of street, sugar product, A company, B company, C company, etc.” in comparison with other companies, and advertised and sells “her organic farming black math,” and advertised “the so-called “the so-called organic farming math,” which has efficacy and effect in preventing and treating diseases.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the detection;

1. Evidence and photographs of mail order;

1. Application of statutes to the register of business of selling functional health foods;

1. Article 94 (1) 2-2, Article 13 (1) 1, Article 95 subparagraph 1, and Article 13 (1) 4 of the Food Sanitation Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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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