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(영문) 부산지방법원 2016.11.30 2016고정2287
식품위생법위반등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. No person who violates the Food Sanitation Act shall place a false advertisement with regard to the names, manufacturing methods, quality and nutrition labelling of foods, etc., genetically modified foods, etc., and food traceability labeling;

Nevertheless, the defendant from May 26, 2015 to the same year.

6. Until August 8, 200, while advertising black ginseng, “C” was placed on the 5th floor of Busan B building in order to display a mutual publicity hall, and advertising other processed petroleum products manufactured in D for many unspecified customers, the fact was, although black ginseng was not a product that passed through a vertical white inspection conducted by a State agency, advertising “Tri is a product that passed a white inspection conducted by a State agency.”

2. Any person who intends to sell health functional foods in violation of the Health Functional Foods Act shall install facilities for each place of business and report thereon to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction

Nevertheless, at the time and place mentioned in the above paragraph (1), the Defendant sold a health functional food totaling KRW 800,000,000 to unspecified customers who visited the above public relations center, without reporting the sale of health functional foods. The Defendant sold a total of KRW 20,000 ( KRW 40,000 per one copy).

Summary of Evidence

1. Part of each protocol concerning the examination of the suspect against the defendant (excluding once);

1. Part of a copy of the police interrogation protocol concerning E;

1. Each police statement made to F (alias), G, and H;

1. Part of the police statements made to I and J;

1. The police seizure record and the list of seizure;

1. Black and ginseng promotion complex;

1. Black photography photographs, mermera 3throid photographs, seized objects, and photographs at the site of seizure;

1. A report on investigation intelligence;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Relevant Article of the Act on Criminal Facts and the former Food Sanitation Act which selects punishment.

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