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[Defendant A] The defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.
Reasons
Criminal facts
1. Defendant A
A. On May 4, 2009, the Defendant violated the Special Act on Imported Food Safety Control: (a) completed the registration of an import and sale business of imported food, etc.; and (b) was the actual representative of B, a corporation, who imports and sells son’s sons, Pakistan, pyone, and vegetables from the U.S.
No business operator shall subdivide, transport, display or store imported foods, etc., the expiration of circulation period, for the purpose of sale, in order to ensure the safety of imported foods, etc., maintain sound trade order, and promote national health.
Nevertheless, around October 29, 2018, the Defendant kept the total amount of KRW 7,980, the imported goods for which approximately two years elapsed from “C” from “2, 196.19,” and the market price of KRW 34,314,00,00, for sale in the warehouse of the said company located in Hanam-si I for the purpose of sale, as shown in attached Table (1) from December 20, 2016 to October 29, 2018, seven imported goods for which the distribution period, such as JJ, etc., was expired, including the total amount of KRW 35,440, the total market price of KRW 66,156,40, and the total market price of KRW 40,00, as described in attached Table (1).
(b) No person who violates the Food Sanitation Act shall indicate or advertise foods, etc. differently from facts or exaggeratedly with respect to the names, manufacturing methods, quality and nutrition labelling, genetically modified foods, etc. and the labels of food traceability;
Nevertheless, around October 29, 2018, the Defendant, at the same place, indicated differently from the fact that: (a) the period of distribution of six imported foods, as indicated in the attached Table (2), was 2,866 products totaling 5,624,90 won, and the total market price of KRW 5,624,90,00, as indicated in the attached Table (2), by attaching a CD on December 27, 2019, stating the “as of December 19, 2016,” on which the date of the actual distribution of the Jams of the above son was posted; and (b) the period of distribution, as indicated in the attached Table (2), was indicated differently.
2. Defendant B
A. The Defendant violated the Special Act on Imported Food Safety Control.