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(영문) 광주지방법원 목포지원 2018.04.06 2017고정409
식품위생법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. No person who outlines the facts charged shall make any false, exaggerated, or secret labelling or advertisement with respect to the name of food, etc., manufacturing method, quality, nutrition labelling, genetically modified foods, etc., and the indication of tracking and control of food history, which have efficacy or effect in preventing and treating diseases, or are likely to mislead or confuse as medicine or functional health foods;

On June 23, 2014, the Defendant sold D, which is a mixed beverage on D’s website (E) from Hampong-gun, P, and operated Nibber B, for advertising the said mixed beverage, and in Blostro, “the method of treatment for high blood pressure and cause” in the category of “the method of treatment for blood pressure” inside the Blostro, the Defendant provided that “D image” provides help to catch blood transfusion and lower the blood pressure.

In addition, in order to prevent high blood pressure, it is better to drinking water that is good for blood transfusion and blood pressure, such as non-smoking and (compact) flat D.

From around that time to August 12, 2014, “a mixture of beverages was posted with a total of 13 times as indicated in the list of crimes in the annexed sheet of crimes, including a notice stating the following: “The mixed beverage is good for high blood pressure, the above, the blood, the weight reduction, the removal of active oxygen, the removal of hepatitis, the stopy, etc.”

Accordingly, the defendant advertised that he has efficacy and effect on the prevention and treatment of diseases through the Internet.

2. According to the records, on April 3, 2015, the Defendant lodged an appeal of KRW 5 million for a violation of the Food Sanitation Act at the wooden Branch of the Gwangju District Court on April 3, 2015, but on November 12, 2015, the appeal was dismissed on November 12, 2015, and the judgment was finalized on November 20, 2015. The criminal facts of the judgment are those who manufacture and sell “D” food (mix drinks) with G trade name.

No one shall indicate or advertise that foods are effective or effective in the prevention and treatment of diseases, or that foods are likely to be mistaken for, or confused with, drugs or health functional foods.

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