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(영문) 인천지방법원 2014.08.21 2014고단3799
식품위생법위반
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months, and fine of twenty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates a food manufacturing and processing business entity F which manufactures red molds powder, etc. in Silung-si E.

1. Foods or food additives, the standards and specifications of which are determined, shall be manufactured, imported, processed, used, cooked or preserved in accordance with such standards, and no foods or food additives, which fail to meet such standards and specifications, shall be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved or displayed for sale;

Nevertheless, the Defendant, in the foregoing F, could not be manufactured by adding other materials except those generated from the straw powder powder manufacturing process. However, the Defendant manufactured products of “G red ginseng powder” by mixing straws and straws separately purchased in order to lower the unit price of the product and promote the sale, and then sold 800 km around January 3, 2013.

As such, the Defendant sold molds that do not meet the standards and specifications as above, from January 3, 2013 to August 23, 2013, the market price of which is 257,950,000 won, by selling them over a total of 86 times from August 3, 2013 to August 23, 2013.

2. No one shall place any false, exaggerated or secret labelling or advertisement with regard to the labels of food traceability, such as names, manufacturing methods, quality or nutrition labellings of foods, etc. or genetically modified foods;

Nevertheless, around January 2, 2013, the Defendant made the instant product “G red powder” by mixing them with approximately 15% in the proportion of 15%, while manufacturing them, and mixed them with approximately 10% in the proportion of 97% per annum, 1% per annum, 1% per annum, 1% per annum, and 10% per annum, but the Defendant made the false statement in the component column among the above product’s labeling items with “10% per country of Chinese construction” from the above date to August 22, 2013, as shown in Annex II in the List of Crimes.

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