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(영문) 서울서부지방법원 2018.02.09 2017고단3671
식품위생법위반
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who manufactures and sells food products among “D” located in Sinyang-si, Busan Metropolitan City C Building 202, which is a person who operates a public enterprise, and mainly manufactures and sells marina.

No one shall sell, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display for the purpose of sale, substances, the import of which is prohibited, or substances imported without filing an import declaration under the Special Act on Imported Food Safety Control, etc.

Nevertheless, the Defendant: (a) when major customers of Macarbian demanded Macarbian to use pre-existing color Macarbian difficult to color; (b) failed to file an import declaration pursuant to the Special Act on Imported Food Safety Control, Etc., which was imported from sugar crafts, not food additives; or (c) failed to import import declaration pursuant to the Special Act on Imported Food Safety Control, etc.; or (d) decided to add Malobian Co., Ltd. to Manacul production; (b) around September 1, 2014, the Defendant used the above “D” color lawsuit, etc. in which the import was prohibited, to sell 50,000,000 won, to E hotels, a customer, or to sell 50,000,000 won, or to sell 64,000,000 won, or more than September 1, 2014; and (c) used the same as the above 6306,006,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (Evidence No. 25, 36, 39, 42, 47, 54, 61, 65, 67), and each accompanying document;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 94 (1) 1 and Article 4 subparagraph 6 of the Food Sanitation Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 and 2 of the Criminal Act, and the age, sex, environment of the defendant;

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