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(영문) 서울남부지방법원 2013.09.13 2013고정2504
식품위생법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates the Internet shopping mall (D) in the name of “C” on the second floor of Guro-gu Seoul Metropolitan Government.

No one shall place an indication or advertisement with any content that is likely to cause mistake or confusion as to efficacy or effect in preventing or treating diseases or as medicine or functional health foods, while advertising food.

Nevertheless, around April 13, 2013, the Defendant posted an indication and advertisement that is likely to have efficacy and effect in the prevention and treatment of diseases, or to mislead or confuse them with medicine or health functional foods by putting a notice on the following: “The purpose of this advertisement is to provide great assistance to the elimination of blood circulation, stress, and so on” and “ocinary disease control and prevention, such as urology, high blood pressure, heart disease, rain, rain, and air circulation,” with respect to the raw materials of “E” as general processed food in the shopping mall.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to photographs by cutting C advertisement closures;

1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment under Articles 97 subparagraph 1 and 13 (1) 1 of the Food Sanitation Act (Selection of Fines);

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

3. Article 334 (1) of the Criminal Procedure Act.

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