Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant is a person who engages in a mail order business selling general food with the trade name of “B”.
No one shall advertise with respect to the names, manufacturing methods, quality and nutrition labelling, genetically modified foods, and food traceability labeling of foods, etc. with a content that is likely to have efficacy or effect in preventing and treating diseases, or to mislead or confuse them as medicine or health functional foods.
Nevertheless, from April 2016 to June 2016, the Defendant placed an Internet site at the Defendant’s home located in Seocheon-gu Seoul Special Metropolitan City C and 530 dong 903 and sold “Yarilululue Ma,” and placed indications and advertisements that are likely to have efficacy and effect in the prevention and treatment of diseases, or to mislead or confuse them with medicine or health functional foods, by advertising that “the effect of preventing adult diseases, such as high blood pressure, urology, and heart disease, by blocking only urology, and maintaining the cirrology in normal condition,” and “the effect of preventing adult diseases, such as high blood pressure, urology, and heart disease, is to reduce the neutic area of blood, and prevent adult diseases by improving their function.”
Summary of Evidence
1. Defendant's legal statement;
1. The prosecutor's interrogation protocol of the accused;
1. Written statements of D;
1. Report on the telecommunications sales business, and details of sales;
1. Application of Acts and subordinate statutes by cutting an advertisement photograph, product photograph, or shopping mall;
1. Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act concerning criminal facts, the choice of punishment, and the selection of fines;
1. Penalty fine of KRW 1,000,000 to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (in cases of conversion of KRW 100,000 per day);
1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act (Article 59 (1) is against the defendant, the defendant is the first offender who has no record of criminal punishment before the crime