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(영문) 대구지방법원 포항지원 2015.07.22 2013고단1128 (1)

식품위생법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed against the defendant.

Reasons

Punishment of the crime

1. No person shall sell foods that fail to meet the standards and specifications determined by the Commissioner of the Korea Food and Drug Administration, nor manufacture, process, use, cook, transport, preserve or display such foods for sale;

Nevertheless, Defendant C, D, and E knew that “G raw materials” (hereinafter “raw materials”) developed by Defendant A (aliasF) include 187 times or higher than the permissible standard value of metal scrap as G products, Defendant C, D, and E were processed as a multi-tete food and sold in the market.

E is supplied with an amount equivalent to 750km of the above raw material from Defendant A and delivered it to D, C. D and C, as if the above raw material was a raw material for export in a foreign country, upon request to process the above raw material to the I food located in Jeonnam-do H in Jeonnam-do, Nam-do as if it were an ingredient for export in a foreign country, and around October 20, 201, the total market price of metal scrap containing 493,317,000 won (297,000 won per 297,000 won) containing metal scrap metal metal scrap containing 1,661 mills (2 copies), and around October 10, 201, the total market price of the metal scrap containing 1,661 gx30 g and 30 g and 25 g and 30 g and g,405 g and g. (30 g and g.).

Accordingly, the defendant, C, D, and E conspired to process and sell food using raw materials containing metal scrap metal scrap for sale.

2. The head of a Si/Gun/Gu shall not indicate or advertise that the nutritional value, raw materials, ingredients, or uses of food have efficacy or effect in the prevention and treatment of diseases, or that such indication or advertisement may be mistaken for, or confused as, pharmaceutical products or health functional foods, or shall not indicate or advertise that the facts are different from facts or exaggerated ones;

Nevertheless, around April 6, 2012, Defendant and C conspired to sell many unspecified visitors at the G hotel located in Daegu.