beta
(영문) 서울서부지방법원 2016.10.21 2016고단2088

수입식품안전관리특별법위반등

Text

Defendant

A shall be punished by imprisonment for six months and by a fine of eight million won, and Defendant B shall be punished by a fine of eight million won.

Reasons

Punishment of the crime

Defendant

A is the representative of Gangnam-gu Seoul building and food import-sale company B, and Defendant B is a corporation established for the purpose of importing and selling foreign food to Korea.

1. While importing the German diesel “F” and “G” products, Defendant A merely indicated the color room, which is its additives, as “Istopinine,” and it is impossible to import them as colors “Istopinine not registered in the Republic of Korea.” However, Defendant A voluntarily reported it as “Istop extraction and coloring factory that allows domestic import,” and intended to import and sell the products as “Istop extraction and coloring factory.”

Any person who files an import declaration in violation of the Special Act on Imported Food Safety Control shall be liable for the safety and quality of imported foods, etc. and shall not engage in any act of filing an import declaration by fraud or other improper means

On February 26, 2016, the Defendant imported the foregoing company’s product “G” product, and filed a false import declaration on the food additives name different from the fact, and subsequently filed an import declaration on the food additives as “spluging and skin coloring factory” as if the food additives were “spluging and coloring factory,” and filed a false import declaration on the total amount of KRW 120 1,200 gg (market price equivalent to KRW 12,342,330) of “F” (market price equivalent to KRW 12,330).

(b) No person who violates the Food Sanitation Act shall indicate or advertise foods or food additives differently from facts or exaggerated ones with respect to the labelling of nutrition values, raw materials, ingredients, and uses;

From March 11, 2015 to March 3, 2016, the Defendant: (a) at the foregoing joint-stock company B office operated by himself/herself; (b) as to the colors, which are the additives of German diesel “F” and “G” products, the Defendant is “influence other than black fluence derived from black party.”

참조조문