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(영문) 울산지방법원 2020.12.11 2020고단3948
수입식품안전관리특별법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” as an Internet purchasing agent of imported food, etc. in Ulsan-si, Ulsan-si.

Where an Internet purchaser of imported food, etc. intends to import imported food, etc. for sale or business use, he/she shall file an import declaration with the Minister of Food and Drug Safety, and no person shall sell foods, etc. that fail to meet the standards and specifications

Nevertheless, at around 22:17 on August 24, 2019, the Defendant’s Internet site without filing an import declaration with “D,” which is an Internet site operated by the Defendant, and without filing an import declaration with the Commissioner of the Korea Food and Drug Administration, posted a letter on behalf of purchasing “Methic ethylise B complex,” which contains “Methic ethylis” which is not registered as food, and sells the above food imported from the United States via “F and G” to E who contact with it, by receiving KRW 28,184, and selling the same food imported from the United States through “F and G,” and from that time until April 26, 2020, imported imported food, etc. without filing an import declaration for 4,070 times as indicated in the attached List of Offenses (1) and sold food containing “Methic ethyl ethyl” which was not registered as food in the notification of the Korea Food and Drug Administration through 1,142 times as indicated in the attached Table of Crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. A public official's statement;

1. Two copies of the F Order;

1. One copy of a purchase agency for the C;

1. One copy of a notice for the purchase agency of H C;

1. Investigation report (report on confirmation of the raw materials of imported food as an agent for purchasing internal food patients);

1. A copy of H output;

1. A copy of the output from the mail of the details of vicarious procurement of internal victims;

1. A report on investigation (report on additional confirmation of imported foods as an agent for purchasing internal patients);

1. Application of Acts and subordinate statutes to report on investigation (report on verification of unit prices, etc. for purchasing imported foods by proxy for suspects);

1. Article 42 of the relevant Act on Criminal facts, subparagraph 2 of Article 42 of the Special Act on Imported Foods Safety Control (Occupancy of Unreported Revenues) and Article 20 (1) of the same Act;

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