(b) Violation of the Foreign Trade Act;

(c) Violation of the Food Sanitation Act;

b. Na. c. 0000

Representative Director 000

Agent 00

Attorney 000,000

However, with respect to Defendant A, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

To order Defendant A to be put on probation for two years.

To order Defendant A to provide community service for 120 hours.

The Defendants are not guilty of violating the Foreign Trade Act.

1. Defendant A

Defendant A’s purpose is to manufacture and sell food and additives, etc.

It is a person who has operated 00000.

A. Violation of the Food Sanitation Act

1) Selling foods with heavy marks that do not meet the permissible error criteria;

Foods whose standards for labeling are determined shall not be sold unless they are indicated in compliance with such standards.

food contained in a package with liquid to be discarded before being taken, less liquid.

The net weight shall be indicated and the error in the quantity marked in the case of fishery products and in the shortage of the actual quantity.

( 범위 ) 가 5 % ( 혹은 2 % 1 ) ) 임에도 불구하고 , 피고인 A는 중국 공장에서 샥스핀을 가공처

In doing so, water painting (hereinafter referred to as "glass glass") shall be carried out, and then wrap a part of water on the surface of the product shall be cut down.

by means of cutting weight and packaging, and, if doing so, the actual weight is not more than 700g.

지 800g에 불과한 중량 1kg 단위의 냉동샥스핀을 저렴한 가격에 수입 , 유통하는 것처

Fora, I had the best mind to do so.

피고인 A는 2011 . 11 . 8 . 경 냉동샥스핀인 ' Dog Fin - Pectorial ( Medium ) ' 20kg의 실

Allowable error (Scope) of the quantity indicated in accordance with food labelling standards and of the shortage in actual quantity.

over 14kg or 16kg, which was sold to 000,000 won, a food distribution company

In addition, the Defendant caused the above methods from January 4, 2005 to the above temporary date.

로 총 454회에 걸쳐 허용된 오차를 초과한 표시 중량 합계 81 , 540kg 상당의 냉동샥스

Finland sold 6,828, 391, 775 won.

(ii) sell or store for sale products exceeding the time limit; or

Food subdivision, sale, or transportation business operator shall sell products with expiration of the period of circulation or cause for sale.

shall not be kept in custody.

A) Defendant A has changed the manufacturing date of the product with the expiration of the distribution period by a computer.

After manufacturing and printing, the product was attached to it to operate the distribution deadline.

Defendant A was manufactured on May 19, 2006 around May 28, 2009 and the expiration of the circulation period on May 18, 2008.

된 냉동샥스핀 ' Blue Dorsal 7 - 9pcs ' 10kg에 대해 컴퓨터를 이용하여 식품표시 스티커

(1) On August 20, 2008, the date of production and output by manipulating and printing it on August 20, 2008, and then attaching the said Stick on the packaging paper.

방법으로 유통기한이 경과된 위 냉동샥스핀 10kg을 89만 원에 판매하였다 .

Defendant A along with this, from the above date to October 7, 201, the above room between Defendant A and the above time.

법으로 총 8회에 걸쳐 유통기한이 경과된 냉동샥스핀 합계 58kg2 ) 상당을 판매하였다 .

나 ) 피고인 A는 2011 . 11 . 중순까지 판매할 목적으로 유통기한이 경과된 냉동샥스

Pinland equivalent to 30km on the freezing warehouse, and 7 km equivalent to the 7kg on the Defendant’s office air conditioners, Inc.

Each storage was made.

3) The fact that the food sales business was operated without filing a report.

Defendant A did not report to the competent authority between December 20, 203 and December 2011.

아니하고 주식회사 0000000을 운영하면서 위와 같이 냉동샥스핀을 수입 · 판매하여 식

The product sales business, etc. was engaged in.

(b) Property in breach of trust;

피고인 A는 수입 냉동샥스핀의 주요 거래처인 주식회사 000의 영업총괄 부사장 000

및 주식회사 0000의 중식당 ' 00 ' 의 주방장 000에게 샥스핀 납품과 관련하여 납품계약

The provision of money and valuables in return for the maintenance of transactions, such as the conclusion of the contract, the illegal solicitation of defects, etc.

Influence of mind.

1) Points of giving property in breach of trust against 000

Defendant A, on September 20, 2009, at the coffee shop around 00: 00, to the above 000 via the above 000

무렵 호텔에서 열린 샥스핀 납품 계약과 관련한 업체별 샘플 테스트에서 위 000을 통

해 납품한 샥스핀이 우수한 평가를 받아 위 중식당 도림에 계속 납품할 수 있도록 해

주고 , 납품한 샥스핀에 하자가 있더라도 이를 묵인해 달라는 등의 부정한 청탁을 하면

5 million won was delivered in cash.

The Defendant, in addition to this, from June 14, 2007 to January 18, 201, as mentioned above between around June 14, 2007 and the above.

By way, the total amount of KRW 8,470,00 was provided to the above 00s on four occasions.

2) The point of giving property in breach of trust against 000

Defendant A on January 27, 2005 at a restaurant among the hotels of 0000, the above 000 note to Defendant A

식회사 0000000을 냉동샥스핀 납품업체로 계속 선정해주고 납품한 샥스핀에 하자가

Even if this is made, 100,000 won in cash and 500,000 won in making an illegal solicitation, such as an implied request;

A considerable amount of gift certificates have been issued.

The Defendant, including this, from that time until September 11, 2008, in such a manner as above between the Defendant and that time.

A total of KRW 2,00,000 were granted to the above 00s on 18 occasions.

2. Defendant 1, 0000

Defendant 1, 0000, Co., Ltd., Ltd., in the date and place set forth in Section 1-A, and Defendant 1, at the time and place set forth in paragraph 1-A.

As above, Defendant A, the representative of Defendant A, with respect to the business of Defendant A, 0000

과 부족량의 허용오차 ( 범위 ) 를 초과한 중량을 표시하여 냉동샥스핀을 판매하고 , 유통기

한이 경과된 냉동샥스핀을 판매하거나 판매할 목적으로 보관하고 , 관할 관청에 신고를

Until now, food sales business, etc. was run.

Summary of Evidence

[Judgment of the court below]

1. Defendant A’s legal statement

1. Each police suspect interrogation protocol against 000, each police officer's protocol against 000, second police officer's statement against 000, 000;

each police statement of 00, 000

1. Each protocol of seizure;

1. A report on investigation (1362 to 1369 pages);

1. Photographs, etc. (155 pages, 2967 to 2975 pages), labelling standards for food, etc., copies of oars, etc.:

The current status of sales, evidence of weight false labelling, copy of unit price registration contract, etc.

[The point of sale and storage for the purpose of sale exceeding the distribution period among the violations of the Food Sanitation Act]

1. Defendant A’s legal statement

1. The first police statement at 000;

1. Protocol of seizure (38 to 342 pages of the investigation records);

1. Evidentiary documents of sale of foods exceeding the distribution period, such as photographs, etc. (the 193 through 201 pages of investigation records) and inventory status, etc.;

Data

【Unreported Business among Violations of the Food Sanitation Act】

1. Defendant A’s legal statement

1. Copy of the corporate register, a copy of a business report, etc., photographs, etc. (in the case of any investigation records, 193 through 201 pages), and not reported;

Business Evidential Documents

[Judgment of the court below]

1. Defendant A’s legal statement

1. Legal statement of 000 witnesses;

1. Some of the interrogation protocol of the prosecution as to 000 and the interrogation protocol of the prosecution as to 000;

Part of each prosecutor's protocol of statement about 000

1. The second police interrogation protocol against 00, the first police protocol against 000, the first police protocol against 000, 000;

Each police statement of 00, 000, 000

1. A criminal investigation report (in case of an investigation record, 936 pages, 943 through 951 pages, 1362 through 1369 pages, 3452 through 3458 pages);

1. Copy, etc. of the set, such as a set copy, a copy of e-mail, etc., a copy of the unit price registration contract, and a copy of the monetary sheet;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendant A: The former Food Sanitation Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same shall apply)

Articles 97 subparag. 1 and 10(2) of the Food Sanitation Act (only referred to as "Food Sanitation Act")

§ 97 Subparag. 6 of the Food Sanitation Act, Article 44 of the Food Sanitation Act

paragraph 1(1)(The purpose of selling and storing products after expiration of the distribution period is, in combination, imprisonment with labor), food

Subparagraph 1 of Article 97, Article 37(4) of the Sanitary Act (the point of non-reported food sales business, the choice of imprisonment), each penalty

Article 357 (2) and (1) of the Act (the point of giving property in breach of trust and the choice of imprisonment)

Defendant 000000: Marks under Articles 100, 97 subparag. 1, and 10(2) of the Food Sanitation Act

§ 100. Food Sanitation Act, section 100.

97 Subparagraph 6 and Article 44(1) (a) of the Act (as a whole, the point of sale and storage for the purpose of sale and sale of products after expiration of the period of distribution);

(n) Article 100, Article 97 Subparag. 1, and Article 37(4) of the Food Sanitation Act (the point of non-reported food sales business)

1. Aggravation for concurrent crimes;

Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

Matters concerning a crime of violating the Food Sanitation Act due to the sale of food which indicates heavy weight that fails to meet the heavy standards for labeling;

(1) Aggravation for concurrent crimes with Korea

Defendant 00000: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Attempts)

Violation of the Food Sanitation Act due to the sale of food which indicates the weight that does not meet the most severe display standards.

Aggravation for concurrent crimes as provided for in the crime

1. Suspension of execution;

Defendant A: Article 62(1) of the Criminal Act (General Conditions favorable to the Reasons for Sentencing as follows)

1. Probation and community service order;

Defendant A: Article 62-2 of the Criminal Act

Reasons for sentencing

1. The scope of punishment;

Defendant A: Imprisonment for a period of four years and six months or less;

Defendant 1,000: Fines 40,000 won or less

2. Scope of recommendations;

Defendant A3: Imprisonment with prison labor for not less than one year and not more than six months but not more than three years;

[Determination of Types] Large-Scale Types of False Food and Health Marks (in excess of 50 million won)

【Special Convicted Persons】

- Reduction element: a reduction element is not a false country of origin or a fraudulent act on livestock;

-Aggravationd elements: where the method of commission of crime is organized, planned or specialized;

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment with prison labor for not less than one year and six months, but not more than three years;

【General Adopteds】

- Aggravationd elements: where the period of commission is longer;

3. Determination of sentence;

Defendant A: Imprisonment with prison labor for two years, probation for three years, probation for two years, and community service for 120 hours;

Defendant 1,0000: Fines 1 and 5 million won

Defendant A is engaged in the food sales business without filing a report, and Defendant A has the weight of marking.

information about food, and prepared or taken with the expiration of the circulation period.

not only sold but also sold after manipulating the circulation time limit of food that should not be available;

money and other valuables shall be made to the person in charge of the transaction in order to continuously deliver the goods.

제공하기까지 하였다 . 납품된 대다수의 냉동샥스핀은 국내 최정상급 호텔 내 중식당에

used as food materials sold at the highest price. Such a crime is related to the choice of food.

It is not only prejudicial to order of distribution by providing false information, but also directly to health and health of people.

As a result, the people would have suffered all damages. Furthermore, Defendant A would have suffered more than six years.

for a period of time, food with false indication has been sold, and the sales price has also been KRW 00,000.

and the corresponding punishment is inevitable.

다만 , 기록에 의하면 샥스핀의 실제 중량이 표시된 것보다 작다는 사실을 상대방 업

If the body knows to some extent and the difference between the actual weight and the weight is not significant, this shall not apply.

It seems that it was a trade practice to give implied approval, and the defendants supplement some of the deficiencies.

was also recognized that the period of circulation has lapsed. In addition, products with a length of time is about 95 km and are actually

판매된 것도 58kg에 불과하다 . 나아가 피고인들은 보유하던 냉동샥스핀 재고물량 전부

B returned and processed Defendant A. There is no other criminal record except once a drinking drinking sound prior to drinking. The above records were not taken by Defendant A.

Taking into account the circumstances favorable to the Defendants as well as the motive, means, and association of other crimes.

The punishment shall be determined as ordered in comprehensive consideration of the circumstances after crimes, etc.

Parts of innocence

1. Summary of this part of the facts charged

Traders or distributors of goods, etc. shall make a false representation of origin or mistake of origin.

Defendant A may not engage in any conduct that may not be permitted to do so, but Defendant A shall be a restaurant among domestic special hotels.

또는 고급 중식 레스토랑에서 고급 중식요리의 재료로 사용되는 샥스핀에 대해 중국산

the sale of Hong Kong or Indonesia at a higher price than that of Hong Kong and at a higher level.

콩의 Yat Sun Shark ' s Fin Company로부터 수입하는 샥스핀이 중국 광동성 중산에 있

는 가공공장에서 샥스핀의 이물질 제거 , 건조 , 자숙 , 껍질제거 , 연골조직제거 , 약품처리 ,

Products by means of substantial transformation of raw materials through a process, such as a grade troke and a promotional packaging;

Despite the fact that the country of origin was China, from October 6, 2005 to October 18, 201, 201.

사이에 총 68회에 걸쳐 합계 81 , 648kg 상당의 냉동샥스핀을 수입하면서 원산지를 홍콩

or indonesia, Defendant A, a representative, has falsely indicated 00000

With respect to the business of 00000 corporation, the above country of origin was falsely indicated.

2. Determination

(a) laws and regulations on the determination of origin;

Article 34(2) of the Foreign Trade Act, Article 61(1) and (2) of the Enforcement Decree of the Foreign Trade Act, imported goods

(2) If two or more countries are involved in the process of production, manufacture, or processing, the final and substantial change

Activities that give essential characteristics to the goods (hereinafter referred to as "material transformation") by imposing a penalty;

one country shall be the origin of the good and the specific criteria for determining origin, such as substantial transformation;

person is delegated to subordinate laws, and is delegated to the Foreign Trade Act and the Enforcement Decree of the Foreign Trade Act.

under each item of Article 85 (8) 5 of the Regulations on External Trade Management received, substantial transformation means the country concerned.

Products in the tariff classification and tariff classification classification different from that of raw materials through the process of manufacture and processing in the country (based on HS 6 units criteria)

the production means the production, provided that even in cases where the 6th unit of the HS is changed as a result of the manufacture and processing, the head of the

The removal of air circulations, breed or simple heating, crackers, freezings, damaged parts, removal of foreign substances, washing;

4 Disposal, classification : painting, painting, painting or line for the prevention or protection of oil, melting, or protection;

or class selection, a test or measurement, a modification of self-marks or labels, a translitating, the number of teas, hees,

T. Sheet, smoking, salt, iona, stop, stop, stop, stop, stop, stopher, stopher, and freezing of fresh or frozen meat, provided that:

Net cutting and simple mixing, inspection of livestock under specific conditions, pressureing, and unloading under other specific conditions

countries that carry out processing activities such as similar activities (hereinafter referred to as " simple processing activities").

does not confer an origin.

나 . 냉동샥스핀의 세번 및 중국 공장에서의 가공 과정

According to evidence 5) duly adopted and examined by this Court, the following facts are acknowledged:

of the corporation.

1 ) 이 사건 냉동샥스핀의 원재료는 인도네시아 혹은 홍콩 산이나 중국 공장에서 가

공과정을 거쳐 국내로 수입된다 . 원재료의 HS 세번은 ' 030559100 ' 이고 가공 후 냉동샥

The HS head of Sfin HS is 160419090'.

2 ) 피고인 A이 인식한 이 사건 냉동샥스핀의 중국 공장에서의 가공과정은 다음과 같

① 절단기를 사용하여 지느러미에 붙은 육질 절단 → ② 절단된 샥스핀을 하루 동안

건조 → ③ 건조된 샥스핀을 끓는 물에 넣고 3시간 동안 끓임 → ④ 껍질 제거 →

(5) He/she re-enters the water, and ? For one hour, ? ? ? He/she shall ? ? ? he/she shall do so.

올 수 있도록 샥스핀을 15시간 흐르는 물에 놓아 둠 → ⑧ 진공포장을 위하여 샥스

(9) The temperature at the temperature of 40 degrees ± x 1 s in the freezing room at the temperature of 40 degrees ±

Trop wp wp wp wp wp wp wp wp wp wp wp wp w

and entry of the expiration date

(c) Whether the process is substantially modified in a Chinese factory;

이 사건 냉동샥스핀은 둘 이상의 국가 ( 중국 , 인도네시아 또는 홍콩 등 ) 에서 제조 및

Since the processing was made, the country where the substantial transformation was made should be the origin and raw materials.

Compared to the above, the entry into tariff classification has been changed as above: Provided, That related laws and regulations of the Foreign Trade Act are as follows.

applicable to a simple processing activity, even if there is a change in tariff classification;

Since it cannot be seen that the origin of the material is not the country in which the processing activity was conducted, the origin of the material should be the origin.

As to whether the processing process in the above Chinese factory constitutes a simple processing activity

shall be deemed to have been established.

살피건대 , 위 중국 공장에서의 이 사건 냉동샥스핀에 대한 가공과정의 각 공정은 단

Net cutting (Article 85 (8) 5 (k) of the Regulations on External Trade Management: 1) , dried (Article 85 (8) 5 (b):

(2) The number, number, and simple heating (b) and (j) of this subparagraph, each of them, or each of them.

(k) The same subparagraph (k) of this subparagraph: (4) the removal of foreign substances, the removal of foreign substances, or the scopic, scoping, simple cutting or any equivalent cutting.

processing ((d), (k), (n) of the same subparagraph, (6) of the same subparagraph, number of foreign substances, removal of foreign substances, or similar

Processing (d) and (j) of the same subparagraph, (7) of the same subparagraph, freezing, freezing, and freezing (3) of the same subparagraph: 9, 1 course)

(8) It does not constitute a simple processing activity or a processing activity itself;

①번 과정 ) 고 판단된다 . 따라서 설령 인도네시아 혹은 홍콩 산 샥스핀 원재료가 중국에

The processing process in China even if there is a change in tariff classification following the process;

As seen above, it is merely a simple processing activity and thus the actual transformation was made.

As such, it cannot be seen as the origin of China where such processing activities were conducted, and eventually, raw materials.

No Indonesia or Hong Kong, etc. in mountainous region may be deemed to be originating.

D. Determination on the Prosecutor’s argument

검사는 세번이 변경된 점 , 이 사건 냉동샥스핀에 식품 첨가물인 과산화수소 또는 액

Considering that there is a difference in the original form of raw materials, the substantial change is made in view of the fact that sibium is added to it.

I argue that punishment should be considered as having occurred.

살피건대 세번이 변경되었다고 하더라도 이 사건 냉동샥스핀에 대한 중국 공장에서

that the processing is merely a simple processing activity, and this Court has duly adopted it.

여 조사한 증거에 의하면 가공과정을 거치면서 샥스핀 원재료의 육질 및 연골부가 제

Other changes are different from the form of nature due to heating, washing, etc.

Although the outbreak occurred, the unique external features of the shotus remain almost all, and they are externally in appearance.

The original form of raw materials has changed due to the processing process, because it can be known that it is the lusity of this paper.

It is difficult to evaluate that the addition of food additives, such as hydrogen hydrogen, can be viewed as simple processing.

With respect to whether it is a health unit, each evidence of the submission of the inspection alone is sufficient to say that there is an excessive hydrogen at the above Chinese factory.

used in the processing process, or Defendant A’s use of liquid calium in the processing process

In addition, it is not enough to recognize that the fact was known, and even if it was used, it was actually used.

In addition, punishment as an element related to the use of harmful food additives causes a separate punishment.

로 하고 , 과산화수소는 샥스핀의 외관을 청결하고 균질한 것으로 보이게 하기 위한 표

It seems that only was added for the purpose of white purposes, but it did not cause substantial transformation of food.

v. n.

E. Sub-determination

Thus, each evidence of the submission by the prosecutor alone does not have reasonable doubt.

of this case, there is no other evidence to acknowledge that there is a false indication.

Part of the facts charged constitute a case where there is no proof of crime and under the latter part of Article 325 of the Criminal Procedure Act

The Defendants are not guilty.

It is so decided as per Disposition for the above reasons.

Judges Lee Jae-sik

Judges Oralk

Criteria for Allowable Errors

2) The indictment is written as ‘68kg', but it seems that it is a clerical error in 58kg.

3) In the case of Defendant 00000, the sentencing criteria do not apply since a fine should be imposed in the case of Defendant 0000.

4) A crime of violating the Food Sanitation Act and the sentencing criteria by selling food with a weight that fails to meet the criteria for marking the sentencing criteria.

Since the crime of violating the Food Sanitation Act and the crime of giving rise to breach of trust is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a majority of the sentencing criteria.

A crime of violating the Food Sanitation Act by selling food with a weight that fails to meet the criteria for indicating the sentencing criteria according to the criteria for handling the crime.

The sentencing criteria shall be based on the lower limit of the scope of sentence.

5) Defendant A’s legal statement, Defendant A’s first protocol of interrogation of Defendant A’s prosecutor’s protocol (at least 3325 pages of investigation records), copy of set, etc. (at least 440, 463, 467 of investigation records);

468 pages), documentary evidence of violation of the Foreign Trade Act (No. 898 pages of investigation records), copy of e-mail (Evidence No. 2)