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(영문) 창원지방법원 마산지원 2020.06.09 2020고정120
수입식품안전관리특별법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant operated an Internet buying agency, such as imported food with trade name B.

1. Where any business operator violating the Special Act on Imported Food Safety Control intends to import (including import declaration agency) imported foods, etc. for sale or business purposes, he/she shall file an import declaration with the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister;

Nevertheless, from July 31, 2019 to October 31, 2019, the Defendant did not file an import declaration on the “PPPG products” on the Internet website B operated by the Defendant to many and unspecified consumers at a total of 362 times (amounting to 48,63,200 won).

2. Business operators violating the Food Sanitation Act shall manufacture, import, process, use, cook or preserve foods or food additives, the standards and specifications of which are determined, in accordance with such standards, and shall not sell foods or food additives, or manufacture, import, process, use, cook, cook, store, subdivide, transport, preserve or display such foods or food additives for sale;

Nevertheless, from July 31, 2019 to October 31, 2019, the Defendant sold (amounting to 48,63,200 won) a total of 362 times (amounting to 48,63,200 won) an imported food containing “L-Onithine,” which is an ingredient of “L-Onitine,” which is not determined and publicly notified in the Food Standards and Specifications Act and the Standards and Specifications for Food Added Products, in B operated by the Defendant.

3. No person who violates the Act on Labeling and Advertising Foods, etc. shall place any label or advertisement that is likely to recognize any product other than functional health foods, such as the name, manufacturing method, ingredients, etc. of foods, etc.;

Nevertheless, the Defendant posted a notice from July 31, 2019 to October 31, 2019 for the purchase to B operated by the Defendant.

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