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(영문) 창원지방법원 2017.08.18 2016고단3357
식품위생법위반등
Text

Defendant

A shall be punished by a fine of KRW 15 million, and Defendant B shall be punished by a fine of KRW 5 million, respectively.

Defendant

A above.

Reasons

Criminal facts

Defendant

B is a corporation with the purpose of export and import, wholesale and retail trade, etc. of functional health foods in Kim Sea-si E and commercial building No. 104.

Defendant

A is the in-house director who is the representative of B, and F is the director of B, and F is the corporation BH located in G in Kimhae-si, and I is the corporation J and BK located in J and 104 in Kimhae-si, and L is the corporation B N in Kimhae-si M and 110.

1. Defendant A

(a) A person who intends to manufacture all or part of cosmetics in violation of Acts, and a person who intends to distribute or sell the manufactured cosmetics or imported cosmetics, or offer good offices for the purpose of import agency-type transaction shall register with the Minister of Food and Drug Safety;

In doing so, the Defendant conspired with F, I, and L on October 6, 2015, sold 515 foreign cosmetics in total amounting to KRW 19,319,80,000, as shown in attached Table 1, without being registered with the Minister for Food and Drug Safety from October 6, 2015 to April 30, 2016.

(b) A person who intends to engage in import business of drugs, etc. (pharmaceuticals, non-pharmaceuticals, and non-pharmaceuticals) in violation of the Pharmaceutical Affairs Act shall report to the Minister of Food and Drug Safety on his/her import business, and obtain permission or report for each item from the Minister of Food and Drug Safety, and shall not sell, store or display for sale drugs, etc. imported without reporting on the import business or item or without obtaining permission for items;

In doing so, the Defendant, in collusion with F, I, and L, imported approximately 540 foreign acids worth KRW 2,962,50 in total over 75 times in total, as in attached Table 2, without obtaining permission from the Minister for Food and Drug Safety or filing a report with the Minister for Food and Drug Safety in N, from October 6, 2015 to April 30, 2016.

(c)

Violation of the Special Act on Imported Food Safety Control.

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