beta
(영문) 서울북부지방법원 2012.04.26 2011고단932

식품위생법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case against the Defendant is that “The Defendant is a person operating food raw materials and medicinal herbs sellers of “G” in the Seoul Jung-gu, Seoul. On March 2010, the Defendant sold 1kg of yellow powder 1.0 million won, a food raw material containing harmful substance, to I, an executive director of the food selling company “(State) H” at the coffee shop in the vicinity of the Sejong Culture Center located in Jongno-gu Seoul, Jongno-gu, Seoul.

2. Determination:

A. As to the facts charged in this case, the Defendant sold 1 km powder around January 2010, not around March 2010, as indicated in the facts charged, but around January 201, the Defendant sold 1 km to I, and the Defendant did not contain any harmful substance, and even though I made a request to the Korea Skilled Food and Drug Research Institute for an inspection, it was found to have been detected at the end that I directly purchased from other places.

B. According to evidence, around January 2010, the Defendant sold to I the end of 1kg purchased from J in China at KRW 4 million, and around May 14, 2010, the Defendant requested the Korea Skilled Food and Drug Research Institute to conduct an inspection of a mixture of materials, such as Damina, al, and algos (the name of body: KI), and as a result of the inspection, found the detection of Amina, which is a hazardous substance.

C. The prosecutor tried to institute the instant prosecution on the premise that the end of the powder sold by the Defendant to I is mixed with the end of the powder sold by the Defendant to I, and on the premise that the end of the powder contains a toxic substance of Aminasia.

In light of whether the horses sold by the Defendant to I are mixed with the body of K, I made the product of K mixed with the end of 1kg that he received from the Defendant at the investigative agency as evidence that seems to correspond to this, but as a result, it is a harmful substance.