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(영문) 광주지방법원 순천지원 2015.03.18 2015고단75
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a business member who sells B.

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, the Defendant’s each 10:00 on August 19, 2014 and August 20, 2014, and each 14:00 on April 4, 2014, as “D” located in the second floor in Jeonnam-gun C2, Jeonnam-gun, had a total of 4:0 effect on the sale of red ginseng products, such as the '10% foot, throthy, chrothrosis, fire extinguishing pathy, chrothrosis, hexe, spathrosis, hexle, and khume, when selling red ginseng products.

‘Public relations' made indications and advertisements to the effect that there is efficacy or effect in preventing and treating diseases, or that there is possibility of misconception or confusion as medicine or health functional foods.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Each report on investigation;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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