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(영문) 부산지방법원 2021.01.13 2020고단4343

식품위생법위반등

Text

Defendants are not guilty.

Reasons

The summary of the facts charged is the representative director who exercises overall control over the business, management, revenue, etc. in the Dispute Resolution BankB.

Defendant

The Co., Ltd. shall have Defendant A as the representative director, and shall be a corporation established for the purpose of manufacturing, wholesale, trade, wholesale, and real estate rental business of Pakistannine, Yang second, and in depth.

A person who intends to import food, etc. for the purpose of sale or for the purpose of business with food appliances directly abutting on food shall report such food, etc. to the Minister of Food and Drug Safety (hereinafter referred to as the "the Minister of Food and Drug Safety"), as prescribed by Ordinance of the Prime Minister.

1. From October 23, 2014 to December 1, 2015, Defendant A imported, without filing an import declaration with the Minister of Food and Drug Safety, the first 363,520CT (hereinafter the same shall apply) for domestic and foreign cases of KRW 897,516,57 (cost 576,205,643) at a total of 14 occasions, and without filing an import declaration with the Minister. From February 15, 2016 to June 2, 2020, Defendant A imported, Defendant B imported, without filing an import declaration with the Minister for Food and Drug Safety in relation to the imported goods of KRW 3,521,951,94 (cost 2,370,273,659) at a total of 55 times, as above, KRW B,35,05C (hereinafter the same shall apply) and without filing an import declaration with the Minister for Food and Drug importation.

Judgment

In relation to whether the imported goods of this case are subject to import declaration to the Food and Drug Minister, or even if they are subject to import declaration, Defendant A knew that the import declaration should be made to the Food and Drug Minister at the time of import of the imported goods of this case, the following circumstances acknowledged by the records, namely, ① The part of the sticking on food, which is the main component of the goods of this case, is in contact with food, but is not in contact with food.