식품위생법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. Around January 2010, the Defendant sold 1 kg of yellow g of fluoral powder containing toxic substances, to I.D.
2. Determination
A. Before the judgment on the grounds for appeal by the prosecutor’s ex officio, the Prosecutor applied for the amendment of the indictment to be changed to the first patrol officer on January 2010 from “the first patrol officer on March 2010,” which was the date of the original facts charged in the trial at the court of the trial,” and this Court has partially changed the subject of the judgment by granting permission, and thus, the judgment of the court below is no longer maintained.
B. The facts charged are as follows.
C. In full view of the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be recognized.
① Around January 2010, 2010, the actual operator of H (hereinafter “H”) purchased KRW 1 kg from the Defendant for the purpose of making a strong funeral, “K,” by mixing with Dalina, a kind of hub that is a kind of hybrid that is scheduled to be imported from Brazil, and then purchasing KRW 1 kg from the Defendant to the Defendant as a kg of the influent yellow powder, which is the fluent powder purchased from J.
② On February 9, 2010, I filed a complaint with the Defendant to the effect that, around February 4, 2010, the Defendant acquired 3 km from the Defendant for additional purchase of KRW 12 million, asserting that the end of the additionally purchased portion is different from the end of the previously purchased portion, and that H’s director L would have demanded a refund. Around July 9, 2010, H’s director acquired 12 million won by deceiving the Defendant that he would import food ingredients as the end of the powder by deceiving the Defendant to import them.
③ On April 8, 2010, I decided to entrust the manufacture of K to M Co., Ltd. (hereinafter referred to as “M”) and entered into a general contract with N Co., Ltd. (hereinafter referred to as “N”) around the 15th day of the same month, and received multilateral 112kg from Brazil around May 8, 2010.
④ At around May 8, 2010, L brought about 20 km and 2 km of ingredients in terms of being used as K’s raw materials to M, and M brought about two raw materials.