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Defendant
All appeals filed by A and C and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which convicted Defendant A of the facts charged in the instant case regarding the manufacture and sale of functional health foods in violation of the standards and specifications and the violation of the Food Sanitation Act, was erroneous or erroneous in the misapprehension of legal principles as examined below.
(1) There is no evidence that (A) Defendant A used materials in functional health foods, general food, etc., as to the issue of “industrial carbon addition.”
There is no direct evidence that the exchange product of this case did not detect alcohol ingredients at all, and that dynasium events are included in dynasium compounds.
(B) In order to prevent the manufacture of health functional foods or general food from putting half of the raw materials of the instant exchange products on the roller surface of the ventilation, Defendant A only saw the instant ionion into the ground of roller, and there is no evidence of detection of alcohol and zins in the instant exchange products, which are final products, and thus, Defendant A cannot be evaluated as food additives as stipulated in Article 2 subparag. 2 of the Food Sanitation Act.
(C) Even if the Ethrain of this case constitutes food additives, it is publicly notified that different spirits, such as the Ethrain of this case, may be used as food additives as the food additives of the Plaintiff, as in the criteria and specifications for food additives. Thus, Defendant A may not be deemed to have used the food additives, which are chemical compounds not publicly notified in the “standards and Specifications for Food Additives”.
(2) Even if Defendant A’s use of “the intention” for the use of the carbon for industrial use, even if Defendant A’s use of the carbon for industrial use was made by inserting it to the ventilation, Defendant A purchased the carbon for industrial use from Defendant B, the developments and circumstances at the time of the purchase of the instant carbon from Defendant B, and Defendant B purchased the carbon for industrial use.