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(영문) 창원지방법원 2018.05.02 2018고정113
수입식품안전관리특별법위반등
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to engage in business registration or import or sale of imported foods without filing an import declaration shall register his/her business with the Minister of Food and Drug Safety, and where a business operator intends to import imported foods, etc. for sale or business purposes, he/she shall file an import declaration with the Minister of Food and Drug Safety, and no person shall sell foods, etc. imported without filing an import declaration with the Minister of Food and Drug Safety;

Nevertheless, on September 28, 2017, the Defendant purchased 24 food equivalent to KRW 1,180,000, a total of 1,180,000, through an overseas Internet site (C) without registering business with the Minister of Food and Drug Safety at the Defendant’s residence located in Seongbuk-gu, Sungwon-si, Sungwon-si, and sold 17, a total of the 1,190,000 won to consumers who are not known through the Internet.

2. No one shall indicate or advertise foods that are likely to cause mistake or confusion as to the name, manufacturing method, and quality or nutrition labelling of such foods, etc., with the effect or effect of preventing or treating diseases, or that such foods are likely to cause mistake or confusion as medicine or health functional foods;

Nevertheless, the defendant is able to consider the above “D” on the date and time, place, and Internet site operated by the defendant, as stated in the above paragraph (1) with respect to the “D” on the Internet site operated by the defendant.

“The advertisement indicated that there is efficacy or effect in preventing and treating diseases, or that there is a possibility of misunderstanding or confusion as medicine or health functional foods.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation (including outputs of purchase details of products, advertising screen outputs);

1. Relevant provisions of the Act concerning facts constituting an offense;

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