수입식품안전관리특별법위반등
The judgment of the court below is reversed.
Defendant
A, in six months of imprisonment, the defendant corporation B shall be punished by a fine of 20,00,000 won.
Summary of Reasons for appeal
A. misunderstanding of legal principles 1) In relation to the fact of false import declaration, it was true that human acid was detected in the freezing snife of the Defendants, but its content is not higher than brinium, but can be naturally absorptioned in the process of raising human acids.
In the course of washing and washing swelium, the Defendants were merely using swelium in the process of using swelium, and the Defendants were able to confirm their conditions while maintaining their external appearance.
Therefore, not the processed food of the Defendants, it constitutes fishery products.
In light of the fact that the Defendants reported as processed food, instead of processed food, as fishery products, while importing the freezing wn, although the Defendants’ freezing was added to the frozen wn wnium, a normal import declaration was made even if the Defendants expressed the fact that wnium was added to wnium, and that the Defendants did not use wnium excessively, but should undergo much inspection where wnium was reported as fishery products, not processed food, etc., the Defendants’ act in the import declaration form is limited to the degree of error that erroneously stated the part of the import declaration form, and it cannot be deemed that the Defendants filed the import declaration by fraud or other improper means (the Defendants can be punished for the same degree of illegality as the cases where the import declaration was not filed by fraud or other improper means). Since the Defendants were merely permitted to file the import declaration as stipulated in the existing practices, they did not have any awareness that the import declaration was false.
Since the subject of the import declaration is not the defendants but the import agent, the defendants cannot be punished for false import declaration.
2) With regard to the point of non-labeling food additives, labels of food additives, etc. are contained in the final product.