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(영문) 서울동부지방법원 2018.01.10 2017고단3462

식품위생법위반

Text

1. Defendant A shall be punished by imprisonment for 6 months and a fine of 16 million won;

However, the defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A On May 15, 2017, the Seoul Eastern District Court was sentenced to four months of imprisonment for a violation of road traffic law (unlicensed driving) at the Seoul Eastern District Court, and the said judgment became final and conclusive on August 17, 2017 and the withdrawal of appeal on December 14, 2017.

1. Defendant A is a person who operates a food manufacturing and processing company Co., Ltd. in Seo-gu, Busan Metropolitan City, Seo-gu.

Any person shall manufacture, import, process, use, cook, cook and keep foods or additives, the standards and specifications of which are determined in accordance with the notification of the Minister of Food and Drug Safety, and shall not sell foods or additives that fail to meet such standards and specifications, or manufacture, import, process, use, cook, cook, store, subdivide, transport, preserve or display such foods or additives for sale.

According to the standards publicly notified by the Minister of Food and Drug Safety, cand foods must contain not more than 0.2mg/km. However, the Defendant manufactured cand foods containing 1.2mg/km at the place of business of a stock company E around October 2, 2016 and sold them to G around that time. However, the Defendant manufactured 4,000 cand foods containing 1.2mg/km (total market price of 32,00,000 won).

2. Defendant B is the managing director of G Co., Ltd. who actually controls the business of the said company as the managing director.

No one shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling, genetically modified foods, etc. and food history tracking and management labelling of foods, etc. have efficacy or effect in preventing and treating diseases, or that such labels or advertisements are likely to be misunderstood or confused as medicine or health functional foods.

Nevertheless, the Defendant advertised the term “F, i.e., recovery 90, increase in the fire extinguishing function, and discharge of old waste materials” as to “H,” which is a general food,” which is the Internet shopping mall, and “H,” which is directly managed Internet shopping mall by G Co., Ltd., between early October 2016 and early January 24, 2017.