beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Food Manufacture, etc.), the Defendant sold health assistive food to the victims and actually received the amount totaling KRW 39,448,00. Nevertheless, the Defendant received KRW 72,690,000 from the victims.
The judgment of the court below is erroneous in finding facts.
B. The sentence sentenced by the lower court (one year and six months of imprisonment, two years of suspended sentence, and fine of KRW 75,00,000) is too unreasonable.
2. Determination
A. Article 2(1)2 of the Act on the Special Measures for the Control of Public Health Crimes concerning Determination of Facts concerning “A person who has contributed to manufacture in violation of Article 6, etc. of the Food Sanitation Act, a person who has sold or acquired for the purpose of sale with the knowledge of such circumstance, etc., and whose value of food, additives or health functional foods is not less than 50 million won per annum at retail prices: Imprisonment with prison labor for life or for not less than three years.
The phrase “in the case of paragraph 1, a fine equivalent to not less than two times but not more than five times the retail value of the product manufactured, processed, counterfeited, altered, acquired, sold, or offered good offices for sale shall be concurrently imposed in the case of paragraph 2 of the same Article.
“.......”
Here, retail price refers to the price at the time of selling directly to consumers. As such, some of the buyers, such as wholesalers and large buyers, sold the said product with a "retail price" rather than a "retail price".
In light of the evidence duly adopted and examined by the court below, the defendant's total retail price of the products sold as shown in the annexed list (1) constitutes 72,690,000 if the total retail price of the products sold as stated in the annexed list of crimes is 72,690,000.
Therefore, the Defendant sells part of the “H, I, J, and K” to some other parties to the transaction, as the “merchant price.”