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(영문) 수원지방법원 안산지원 2018.07.19 2018고정370
식품위생법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling, genetically modified 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.

Around January 29, 2018, the Defendant, while operating “C” on the floor B and B of Siung-si, was engaged in a spot-sale manufacturing and processing business, and on January 29, 2018, the Defendant, at the above-mentioned business establishment, manufactured and sold the Gu’s silkworm eggs, indicated the “Gu’s silkworm eggs (specific effects on women’s disease), hynam cancer (specific effects on women’s disease), and indicated the “Gu’s silkworm eggs (specific effects on women’s disease), hynam cancer, and high blood pressure prevention, and mathitis” on the outside glass of the above business establishment.

As above, the Defendant indicated and advertised that the name, manufacturing method, quality and nutrition labelling, genetic modified foods, etc. and the food tracking and management labelling of food history could have efficacy and effect in preventing and treating diseases, or be mistaken or confused as medicine or functional health foods.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of the detection business establishment;

1. A certificate of business report;

1. Application of Acts and subordinate statutes to investigation reports (report on raw materials of food);

1. Relevant Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act concerning facts constituting an offense, and the selection of fines;

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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