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(영문) 부산지방법원 2017.01.20 2016고합641

보건범죄단속에관한특별조치법위반(부정식품제조등)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The prosecutor changed the indictment to the effect that some facts of crime are withdrawn.

피고인은 중화 인민 공화국( 이하 ‘ 중국’ 이라 칭함) 국적의 조선족인바, 2015. 4. 경부터 위 챗 등 SNS 대화를 통해 국내에 있는 D, E 등에게 다이어트 식품인 ‘F’, ‘G ’를 판매할 수 있도록 공급해 주는 공급 책이고, D, E 등은 피고인으로부터 물건을 공급 받아 국내에 판매하는 판매 책이다.

No one shall import or sell foods that are likely to cause harm to human health, and no one shall sell or import foods or additives that do not meet the standards and specifications, for the purpose of sale.

On July 14, 2015, the Defendant supplied D with the “F”, which contains the “F” component, which is a non-surine (Prohibition from sale in the Republic of Korea after October 14, 2010 on the ground of brain surinosis and surinic reaction, etc.) that is likely to harm the health of the human body and that no food is detected, as well as selling D’s “F” 1 set to D for KRW 100,00,00, according to the changed facts charged on July 14, 2015.

From around August 29, 2016 to around August 29, 2016, “F” and “G (including the same ingredients)” sold a total of KRW 285,596,90 throughout the total of 268 occasions, as indicated in the list of crimes committed in the annexed crime.

As a result, the Defendant sold foods that are likely to harm human health by conspiracy with D, E, or by itself, and sold foods that contain “catlass” ingredients that are not detected at the same time, which do not meet the standards and specifications.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for cooperation in each investigation, replies, copies of indictments, and the application of Acts and subordinate statutes on criminal investigation reports;

1. Violation of the relevant provision of theO standards for criminal facts;