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(영문) 부산지방법원 2013.11.01 2013고합590
보건범죄단속에관한특별조치법위반(부정식품제조등)등
Text

Defendant

A Imprisonment of one year and six months, and a fine of 100,000,000 won, Defendant B and C shall be punished by imprisonment for each of eight months, and Defendant Company.

Reasons

Punishment of the crime

Defendant

A is a person who engages in the business of purchasing drugs, etc. and manufacturing and selling food, etc. in his/her residence.

Defendant

B is the representative director of D, a corporation established for the purpose of manufacturing and selling liquid extractions (hereinafter referred to as “catch EX”), etc.

Defendant

C is the representative of I, a general sales agency that distributes health food across the country.

Defendant

D is a corporation established for the purpose of manufacturing and selling, etc. EXE, etc.

1. No defendant A or B (Violation of the Food Sanitation Act) shall sell foods, etc. manufactured, processed or subdivided by persons other than business operators;

Defendant

B around March 14, 2012, at the D office located in the JJ of Gwangju Northern-gu, entered into a sales contract with the above I’s representative C and the K drug distribution company located in Dongdaemun-gu Seoul.

Defendant

B around March 2012, by failing to register food manufacturing and processing business at the above office, notified Defendant A, who is not a business operator, of the manufacturing method of “M” using a EXE, and made Defendant A, who is not a business operator, manufacture “M” and supply “M” to Defendant A, who is not a business operator.

Defendant

A는 2012. 3.경 시중에서 삼지구엽초, 육종용, 구기자, 인삼, 야관문, 도두콩, 키토산 등을 구입하고, 광주 북구 N빌라 103호에 있는 자신의 주거지에서 이를 말리고 조그만 절구통에 담아 찧어 분말로 만든 다음, 피고인 B로부터 위와 같이 제공받은 ‘어성초 엑기스’로 반죽하고, 이를 주거지 인근에 있는 제분소에서 지름 1cm의 환으로 만드는 방법으로 'M' 1,000정을 제조하여 (주)L에 납품하였다.

Defendant

A In addition, from around that time to June 2012, 201, A manufactured ‘M’ 20,000 by the said method and sold 16,000 mL and 4,000 mL operated by C, respectively, and sold 92 million won as sales proceeds.

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