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(영문) 대전지방법원 2016.04.21 2016고단60
식품위생법위반등
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months;

However, with respect to Defendant A, the same shall apply for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A operated the "D" in the medium-term war period C.

The Defendants conspired to sell food, “E” and “F,” mainly for senior citizens, as if they were highly able to treat all kinds of diseases. The Defendants conspired to sell food, “E” and “F” as if they were highly able to treat all kinds of diseases.

Defendant

A prepared and distributed a leaflet stating “D, small and medium enterprises, and home shopping experience EXPO” to attract older persons by taking overall control of the overall operation of the above product sales, and the Defendants made and distributed “E” against older persons from June 4, 2015 to June 6, 2015.

Influorites, it has not died of the course of study, and it has been living again.

Therefore, it is good to the bones when we drink this.

“F,” with efficacy such as melting and ginseng, made it easier to reproduce the bones and sulare ingredients, and made it possible to see it to see it as a full-time governing drug and make it possible to read it.

As a result, the Defendants conspired to indicate or advertise food that there is efficacy or effect in preventing and treating diseases, or that there is a possibility of misunderstanding or confusion as medicine or health functional foods, and sold products equivalent to KRW 10,000,000 in total by advertising that non-pharmaceuticals may be mistaken as medical efficacy or effect.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement on G, H, I, J, K and L, M, N,O, P, Q, and R;

1. Investigation report (Visits, investigation, etc. at S-site);

1. A protocol of seizure and a list of seizure;

1. A leaflet for advertisement;

1. Application of the photographic Acts and subordinate statutes;

1. The Defendants of the pertinent legal provision on criminal facts: Articles 94(1)2 and 13(1)1 of the Food Sanitation Act; Article 30 of the Criminal Act (the violation of the Food Sanitation Act by advertisements likely to cause mistake) of the same Act; Articles 93(1)10 and 61(2) of the Pharmaceutical Affairs Act; Articles 93(1)10 and 61(2) of the same Act.

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