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(영문) 서울서부지방법원 2018.11.09 2018고정303
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates the Internet shopping mall B and 402 in Incheon Bupyeong-gu, and sells “D”, “E”, and oriental medicine products, etc., which are food using the “Tan Chang-gu” as the raw material.

The Minister of Food and Drug Safety may determine and publicly notify the standards for the methods of manufacturing, processing, using, cooking, and preserving foods for sale for national health, and foods, the standards and specifications of which are set pursuant to such standards and specifications, shall be manufactured, imported, processed, processed, and used in accordance with such standards and specifications, and foods, the standards and specifications of which are not satisfied, shall not be sold for sale or manufactured, imported, processed, used, stored, subdivided, transported, preserved or displayed for sale.

Meanwhile, “standards and specifications of food, etc.”, which are the matters publicly notified by the Minister for Food and Drug Safety, separately determines and publicly notifies a list of raw materials that can be used for limited purposes in food, and the standard was amended to allow the use of “raw materials” as raw materials for food extraction.

Nevertheless, on May 9, 2016, the Defendant sold “D” or “G”, which is a food for which the “Treging” was added as a raw material, in the shopping mall of the above Internet shopping mall (F) around May 9, 2016, and used “Treging” as a raw material, manufactured “E” by crushinging only the ingredients extracted and extracted from “water” as the raw material for food, without any specific processing. The advertisement of the product at issue is “B-3 times a day (Ald/hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn 230g, without processing “E” as it.

The defendant sells food not in compliance with the standards and specifications, such as selling 1 sick to 38,00 won to H, and the defendant shall sell food not in compliance with the standards and specifications.

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