A. Although the Defendant was not involved in the manufacture and sale of “G” and did not obtain food safety management certification in collusion with “G” and did not manufacture and sell freezings without obtaining food safety management certification, the lower court found him/her guilty of violating the food safety management certification standards.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. The summary of the Defendant’s assertion of fact-misunderstanding is that: (a) the Defendant did not obtain certification under the food safety management certification standards (hereinafter “HACCP”); and (b) the Defendant did not think that H entered into a contract on the production of E with the Defendant without any change; (c) the Defendant was staying in a foreign country at the time HACCP’s contract was concluded; and (d) the said contract was not considered to be a contract subject to the HACCP certification.

그러나 피고인의 원심 법정 진술에 의하더라도 피고인이 해외에서 귀국한 후 횡성 공장에 들렀다가 쫄면 이 생산되어 냉동고로 들어가는 것까지 보았다는 것이고, 냉 동면이 HACCP 인증 의무제품으로 바뀐 것을 알고 있었다는 것이어서, H이 체결한 계약이 냉 동면과 관련된 계약인 줄을 알지 못하였다는 피고인의 주장은 납득하기가 어렵다.

In addition, the Defendant was aware of H and dealt with the HACCP certification.

I argued that I thought, but this is contrary to the statement of the defendant's investigative agency that was reported by H on the situation that I would return to the crossing factory one to two times a month.

Rather, according to the evidence duly admitted by the lower court, H pointed out the Defendant’s illegality in relation to the failure to obtain the HACC certification, and from that time, H was treated as a deadly death after the Defendant’s attitude was changed, and H was treated as a deadly death.