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(영문) 인천지방법원 부천지원 2013.06.21 2013고정802
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who carries on a mail order business under the trade name of "C" in Bupyeong-gu, Seoul Metropolitan City B.

No one shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling, genetically modified foods, etc. or food traceability labeling is likely to have efficacy or effect in the prevention and treatment of diseases, or to mislead or confuse them as medicine or health functional foods, and shall not package foods in excess on packages.

Nevertheless, from early December 2012 to around March 2013, the Defendant established the Internet domain name ‘D' Internet shopping mall in the address of ‘D', and then sold or advertised certain products (such as mountain oil, etc.) to many unspecified customers, the Defendant indicated and advertised that it is likely to mislead or confuse the efficacy of the specific products (such as mountain oil, etc.) as drugs ‘I have the effect of strengthening the physiological function and constantness of the bed, and coordinating the blood and the progress of women's blood transfusion.'

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on photographics, such as a written accusation;

1. Article applicable to the relevant criminal facts, subparagraph 1 of Article 97 and Article 13 (1) 1 of the Food Sanitation Act, the selection of punishment, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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