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(영문) 대전지방법원 2015.09.17 2015고정1012
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a general sales office and mail order establishment in Daejeon Dong-gu, Daejeon.

No one shall make a false or exaggerated indication or advertisement that has the efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse as medicine with regard to the indication of food.

However, from March 1, 2015 to March 30, 2015, the Defendant stated in the Internet site that “Scar 150” product components, “Scar 150,” and stated in the brain activation (the “scar 150 component” has an effect on memory improvement, accident action’s net triggerion, brain malithy, heavy wind), and the strong sulfur is brain toxic protem decomposition (the scar cin component contained in the sulfur is useful to decompose the toxic protein substance accumulated in the brain) and it was likely to mislead and confuse the efficacy of disease prevention and treatment, and the effect of false labeling and advertising is likely to cause confusion with medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes governing Internet outputs;

1. Relevant provisions of the Acts and the choice of punishment concerning facts constituting an offense, and Articles 94 (1) 2-2 and 13 (1) 1 of the Food Sanitation Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. It is limited to labeling or advertising that the efficacy of the alleged food is incidental to food or appears as a result of nutrition, and thus, it is not a labeling or advertising that directly and mainly aims to treat and prevent a certain disease, etc., and that it is not a labeling or advertising that leads consumers to confuse it as medicine.

2. Determination

A. Article 13(1)1 of the Food Sanitation Act provides that food, etc. shall be completed.

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