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(영문) 서울남부지방법원 2013.04.29 2013고정1116
식품위생법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person engaged in communications sales business for the purpose of food sales business, etc. to the head of Yeongdeungpo-gu Office with the trade name of "C" on the 3th floor of Goyang-gu Seoul Metropolitan Government B building.

No food sales business operator shall indicate or advertise contents that are likely to cause confusion, such as newspapers and magazines, with the efficacy and effect of preventing or treating diseases using printed materials, or as medicine.

Nevertheless, from January 1, 2013, "C" issued a mail order of "E", which is a health auxiliary food, and published "E" in the advertisement column of the Korea Sports Foundation, Joseon Japan, Han-do, International Newspapers, Daily Sports, and Sports Steering Group, "E", which included the content that completely recovers from 100% on the high blood pressure line, products that need no doctor's prescription, sexual function disorder, hand-free disease, cerebrovascular disease, and chronism, thereby indicating or advertising the efficacy, efficacy, effect, or likelihood of confusion with medicine for the prevention and treatment of quality.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the data obtained by cutting off the Internet closure and a copy of communications sales business report;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 97 subparagraph 1 and 13 (1) of the Food Sanitation Act that choose a penalty;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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