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(영문) 대전지방법원 2015.12.02 2015고정1482
식품위생법위반
Text

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

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

The Defendants are door-to-door sales members of G Co., Ltd., a multi-level sales company with its head office in the second floor of the F building in the south-gu Seoul Special Metropolitan City.

No person shall place any indication or advertisement with a content that is likely to cause mistake or confusion as to the name, manufacturing method, quality or nutrition labelling, genetically modified foods, etc., or foods traceability labelling and treatment, or as to the efficacy or effect of diseases, or as to pharmaceutical products or health functional foods.

Nevertheless, around November 13, 2014, the Defendants conspired to publicize the product “I” to about 50 general public at the publicity center of G Co., Ltd., Inc., Ltd., Co., Ltd., Ltd., in Class C H, and advertised that the product would be likely to become effective and effective in the prevention and treatment of diseases, or to mislead or confuse them with medicine or health functional foods, by taking advantage of the above product, preventing cancer if used, extracting the cryp, improving the cryp, treating the cryp and incurable disease, and improving the hypical disorder.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement to J;

1. A written accusation;

1. The application of Acts and subordinate statutes concerning recording notes, copies of a written pledge of use for public relations, and public relations books;

1. Relevant laws and the choice of punishment concerning facts constituting an offense, and Articles 94 (1) 2-2 and 13 (1) 1 of the former Food Sanitation Act (Amended by Act No. 12719, May 28, 2014); Article 30 of the Criminal Act

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, each of the provisional payment orders;

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