209Gohap242 Violation of the Act on Special Measures for the Control of Public Health Crimes (Manufacture of Illegal Foods)

1. A1 (Year 75 Lifelong, Residual) and food manufacturing business;

2. A2 (Lifelonged with 71 Years) and sales of food materials;

3. A3 (Lifelongation, Residual 71) and business of selling food materials;

Successful in Error

Attorney Kim Young-ro (Defendant A1)

Attorney Park Yong-chul (for the defendant A2)

Attorney Jeong-ho (National Election for Defendant A3)

June 5, 2009

Defendant A1’s imprisonment with prison labor of two years and six months and fine of two hundred thousand won, and Defendant A2’s imprisonment with prison labor of two years and fine of one hundred and sixty million won, and Defendant A3’s imprisonment with prison labor of one year and six months and fine of seventy thousand won, and Defendant A3’s imprisonment with prison labor of one year and six months and fine of seventy thousand won. In the event that the Defendants fail to pay the above fine, each of the periods calculated by converting the amount of one million won by one day shall be confined in the workhouse.

The number of days of detention before the sentence of this judgment shall be 59 days of imprisonment with prison labor for the defendant A1, and three days shall be included in the above imprisonment with prison labor for the defendant A2.

However, the execution of the above imprisonment is suspended for three years for Defendant A2, and for Defendant A3, for two years.

압수된 ♥♥참기름(참깨 100%) 4박스, ♥♥참기름(참깨분 100%) 7박스를 피고인 A2로부터 몰수한다.

Criminal facts

1. Foods, the standards for manufacturing methods and specifications of which are determined by a public notice issued by the Commissioner of the Korea Food and Drug Administration, shall be manufactured in conformity with such standards; in the case of cryp, any food, other than cryp in the manufacturing process, shall not be mixed with any food, and in the case of cryp acid, the production process thereof shall not exceed 0.5% of cryp acid ingredients;

그럼에도 불구하고 위 피고인은 2008. 3. 6.경부터 2009. 2. 23.경까지 김해시 어방동 0000-3 위 피고인이 운영하는 '■■ 식품' 공장에서 위 피고인이 자체 제조한 참기름 원액에 시중에서 구입한 옥수수기름을 2:8 등의 비율로 혼합하여 5% 이상의 리놀 렌산이 포함된 1.8L 들이 참기름 15,023병 시가 123,377,900원 상당을 제조하여 이를 피고인 A2가 운영하는 '◇◇식품'에 판매하였다. 피고인 A1은 이를 비롯하여 2007. 10.경부터 2009. 2. 25.경까지 별지(생략) 범죄일람표1 기재와 같이 위와 같은 1.8L 들이 참기름 17,583병 시가 152,317,900원 상당을 제조하여 5개 도매점에 판매하였다.

2. From March 6, 2008 to February 23, 2009, Defendant A2 acquired from Defendant A1 to sell 14 wholesale stores located in Busan, etc., such as attached Table 2, with the knowledge that the 15,023 disease market price of KRW 123,377,90,00, the 14 wholesale stores located in Busan, etc.

3. 피고인 A3 피고인 A3은 2008. 8. 4.경부터 2009. 2. 23.경까지 부산 부산진구 당감동 000-16 위 피고인이 운영하는 '▦▦'에서 위 제1항과 같이 제조된 참기름이 소위 '가짜참기름'이라는 것을 알면서도 피고인 A2로부터 1.8L 들이 참기름 6,720병 시가 56,206,400원 상당을 판매할 목적으로 취득하고, 그 무렵 부산 해운대구 반여동에 있는 '♣♣' 등 부산 등지에 있는 여러 도매점에 판매하였다.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 2(1)2 and (2) of the Act on Special Measures for the Control of Public Health Crimes, Article 7(4) of the Food Sanitation Act (Concurrent imposition of fines by selecting a limited term of imprisonment)

1. Aggravation of concurrent crimes;

Articles 37 (former part of Article 37, Articles 38(1)2 and 50 (Article 11 of the Criminal Act) of the Criminal Act shall be subject to the punishment prescribed in the Act on Special Measures for the Control of Public Health Crimes (Manufacture of Illegal Foods) due to the manufacture of heavy food products; and Articles 38(1)2 and 50 of the Criminal Act shall be subject to aggravated punishment prescribed in the Act on Special Measures for the Control of Public Health Crimes due to the sale of heavy food by each of the crimes.

1. Discretionary mitigation;

Articles 53, 55(1)3, and 55(1)6 of each Criminal Code (i.e., harm to the human body; harm to the human body; harm inflicted on the defendants from the crime of this case is not significant; harm to the human body; and harm to the defendants is in depth divided)

1. Inclusion of days of detention in detention;

Defendant A1 and A2: Article 57 of the Criminal Act

1. Suspension of execution;

Defendant A2 and A3: Article 62(1) and (2) of the Criminal Act ( considered as grounds for discretionary mitigation)

1. Confiscation;

Defendant A2: Defendant A2: The Defendant’s instant crime of sentencing under Article 48(1)2 of the Criminal Act (hereinafter “instant crime”) was committed by mixing the name of a food material with other food container. It is highly necessary to punish the Defendants since it threatens citizens’ health and disturbs order in distribution. The Defendants, as they naturally sold the price less than half of the 10% of the 10% of the 19999999999, he purchased the 1000999990,00000,00000,00000,00000,0000,0000,0000,000,0000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Defendant A2 had three criminal records of the same kind, and most of the fakes produced by Defendant A1 have been purchased to distribute fakes rapidly, and there is a need to punish Defendant A2. However, considering that Defendant A1’s solicitation to purchase and took part in criminal acts relatively passive, the execution of imprisonment is suspended.

Defendant A3 has no criminal record of the same kind, while running the food wholesale business at the same place as Defendant A2, purchased fake name from Defendant A2, and suspended the execution of imprisonment with prison labor, taking into account the fact that there is no profit gained from the crime of this case.

The presiding judge and the highest judge

Judges fixed-term

Judges Kang Han-hee