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(영문) 부산지방법원 2016.11.25 2016고합627

보건범죄단속에관한특별조치법위반(부정식품제조등)등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

The prosecutor changed the violation of the Act on Special Measures for the Control of Public Health Crimes (the manufacture of illegal foods) among the crimes under paragraph (1) of the indictment to the violation of the Food Sanitation Act, and changed the indictment to the withdrawal of part of the crimes under paragraphs 1 and 2.

The Defendants are the Joseon People's Republic of China (hereinafter referred to as "China")'s ship of nationality.

Defendant

A은 2015. 3.말경부터 위챗 등 SNS 대화를 통해 중국에 있는 공급총책인 F으로부터 다이어트 식품인 ‘G’ 등을 공급받아 총대리사업자로 국내에 판매하는 국내판매총책을 하고, 피고인 B은 2016. 3.경부터 피고인 A과 함께 위챗 등 SNS에 광고글을 올리고 제품포장 및 배송을 하는 등 역할을 분담하였다.

No one shall import or sell foods or food additives which are likely to cause harm to human health, and no one shall sell or import foods or food additives which fail to meet the standards and specifications for sale.

1. Around April 5, 2015, Defendant A’s sole crime committed by Defendant A sold to I 400,000 G “G”, which is a multi-lock food, containing the component of “Simtrara (Prohibition of Sale in the Republic of Korea after October 14, 2010 on the ground of abnormal reaction between stroke and strokes, etc.)” and “ditrophs (Prohibition of Sale in the Republic of Korea on August 198 on the ground of side effects, such as the stroke, strokeia, childbirth, and internal combustion disorder)” as well as a total of KRW 158,00,00 from that time, to March 3, 2016, as indicated in the annexed Table of Crimes (1).

Accordingly, the defendant sells food that is likely to harm human health at the same time.