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(영문) 부산지방법원 2016.11.25 2016고합524

보건범죄단속에관한특별조치법위반(부정식품제조등)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 중화인민 공화국(이하 ‘중국’이라 칭함) 국적의 조선족인바, 2015. 6.경 위챗 등 SNS 대화를 통해 중국에 있는 공급총책인 C(일명 ‘D’)으로부터 다이어트 식품인 ‘E’을 공급받아 총대리사업자로 국내에 판매하는 국내판매총책이다.

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.

On July 15, 2015, the Defendant sold 1,20,000 won to G, including selling 1,20,000 won for 105,50,000 won in total, as indicated in attached Table 1 and 2, from July 14, 2015 to June 22, 2016, for the reason that it is likely to harm the health of the human body, and that it is not detected in food, for the reason of abnormal reaction of strokera (Sibutmine) (the prevention of sale in the Republic of Korea after October 14, 2010).

As a result, the Defendant, in collusion with C, sold foods that are likely to harm human health, and sold foods that contain “caturine” ingredients that are not detected at the same time, which do not meet the standards and specifications.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of the police officer against I, J, or K;

1. Requests for each appraisal and reply, records of seizure and list of seizure, and details of requests for financial transaction information;

1. Application of Acts and subordinate statutes to each internal investigation report and investigation report (No. 1,2,4,6,7,11,13,19,23,26,27,32 of the evidence list);

1. The point of sale of foods in violation of the relevant legal provision's standards for criminal facts: Article 2 (1) 2 of the Act on Special Measures for the Control of Public Health Crimes and the Gu.