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(영문) 서울북부지방법원 2018.01.10 2017고단4699
식품위생법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. No one shall sell, import, display or transport for sale, or use for business purposes, foods, etc., the standards for labeling of foods in violation of labelling standards are not indicated accordingly;

The defendant is a person who runs a spot-sale manufacturing business under the trade name of "D" in Dongdaemun-gu Seoul Metropolitan Government, and the food, etc. manufactured by the above business establishment shall be marked according to the food, etc. labelling standards.

Nevertheless, around July 24, 2017, the Defendant, without indicating all the matters set forth in the indication criteria, such as product name, business explanation and location, raw material name and brine quantity, and nutrition ingredients, sold KRW 10,000 to the name-free distributor who operates the E vehicle to KRW 10,00.

In addition, from January 6, 2014 to July 27, 2017, the Defendant sold a total of KRW 155,264 Byung, who did not display any indication in accordance with the display standards, such as the list of crimes, in total, KRW 257,738,240.

2. Matters concerning the standards for foods and food additives for sale, the Minister of Food and Drug Safety shall manufacture, process, use, use, cook and keep foods or food additives in accordance with such standards, and shall not sell foods that are not in compliance with such standards and standards, or manufacture, process, use, cook, cook and keep foods, or manufacture, process, use, cook and store foods for sale, transport, preserve or display such foods or additives;

Nevertheless, around July 14, 2017 and around August 1, 2017, the Defendant manufactured, in violation of the specifications and standards [100 (CFL/mL), 190,000 (CFL/mL) and 14,000 (CFL/mL/mL) with respect to other beverages], the Defendant manufactured for the purpose of selling the benefits of food, which is an equal reaction to the training of the commander.

As a result, the Defendant manufactured ‘food benefit', which is a food that does not meet the food standards and standards, for the purpose of selling.

3. Obligation to conduct self-quality inspections;

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