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(영문) 대구지방법원 2015.09.11 2015고정1384
식품위생법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who engages in distribution and sales business under the mutual name of “D” in Busan Metropolitan City.

No one shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling of foods or food additives, the nutritional values, raw materials, ingredients, uses, etc. of foods or food additives have efficacy or effects in preventing and treating diseases, or that such foods or food additives are likely to be mistaken or confused as medicine or health functional foods.

Nevertheless, from February 2010 to May 12, 2015, the Defendant advertised the efficacy of food (product name: F, G) sold on the Defendant’s website (E) operated by the Defendant. On the other hand, the Defendant advertised the treatment experience room for the diseases (non-proof of the upper line, ceiling, and pre-permanent rental line) after taking advantage of the Defendant’s clothes, and on the other hand, advertised the Defendant’s “the right to self-concept, the right to self-concept, the right to self-concept, the right to self-concept, the right to self-concept, the right to self-concept, the right

As a result, the Defendant expressed and advertised that the quality of food is effective and effective in the prevention and treatment of diseases.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the notification of the integrated information network for management of business trips (related to the fact-finding of false or exaggerated advertisements), written confirmation, closure photographs of suspect operation website, and false or exaggerated advertisements;

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. 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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