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(영문) 서울중앙지방법원 2014.07.03 2014고정2741
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who opens a website (E) with the trade name “D” on the Internet in Gangnam-gu Seoul Metropolitan Government 4 complex of 403 Dong 1306, and sells online health functional foods.

No one shall make a false label or exaggerated advertisement with respect to names, manufacturing methods, quality, nutrition labelling, etc. of foods, etc., and no one shall make a label or advertisement likely to cause confusion with drugs, in foods or food additives.

Nevertheless, on October 3, 2013, the Defendant advertised food with the name “propool lease amount” on the website, and posted it to the effect that “an excellent effect exists in terms of string, string, softening, reading, ceilinging, sathring, sathring, sathring, chatitis, engine salt, code-ferry, mouth infection, Atopy skin, etc.” (hereinafter “propool lease amount”) and advertised that is likely to confuse food with medicine.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Accusation against businesses violating the Food Sanitation Act;

1. Application of Acts and subordinate statutes concerning evidential data;

1. Subparagraph 1 of Article 97 and Article 13(1)1 of the former Food Sanitation Act (Amended by Act No. 11986, Jul. 30, 2013);

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

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

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