Text
Defendant
A Imprisonment for six months, Defendant C shall be punished by a fine of 5,00,000 won, respectively.
Defendant
C The above fine.
Reasons
The criminal history room of the crime (the violation of the Food Sanitation Act against Defendant A and Defendant C) is the head of the management office of the H’s “H” that sells functional health foods, bank supplies, medical appliances, etc., and the defendant C is the representative of the “Corporation I”, which is the manufacturing company of functional health foods, and the person who manufactures food such as J and K and entrusts the sale thereof through H.
No person shall indicate or advertise that foods have efficacy or effect in preventing and treating diseases, or that such foods are likely to be misunderstood or confused as medicine or health functional foods with regard to the indication of tracking and managing food history, such as the name, manufacturing method, quality or nutrition labelling, genetically modified foods, etc. of foods, etc.
Nevertheless, around 10:30 on May 19, 2016, the Defendants introduced foodK to the general customers of 60 to 60-70 at the office of "H" located in the Daejeon Pung-gu L 10th, Daejeon, about 10:5.10, while introducing foodK to the general customers, “M University K is immediately alleviated by a drinking-morroman as soon as possible.”
“Publicly advertising “K,” and selling K equivalent to the total sales amount of KRW 8.60,00 to seven customers who are gathered in the above office, such as [Attachment 9-15] Nos. 9 through 15, was advertised with a content that is likely to have efficacy or effect in preventing and treating diseases, or to mislead or confuse it as medicine or health functional food.
Summary of Evidence
1. The respective legal statements of Defendant A and Defendant C
1. A protocol concerning the examination of some of the prosecutions against Defendant A and Defendant C;
1. Recording notes (not more than 41 pages of investigation records);
1. Business registration certificate, report on the manufacture of goods (an investigation record 159, 160, 161 pages);
1. Application of H on-site photographs statutes;
1. Article 94 (1) 2-2, and Article 13 (1) 1 of the Food Sanitation Act concerning facts constituting an offense, and Article 30 of the Criminal Act: Defendant C of the choice of imprisonment with labor: Selection of a fine;
1. Attraction of a workhouse;