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(영문) 서울동부지방법원 2017.11.14 2017고단2409
식품위생법위반
Text

Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant

B A person shall be punished by imprisonment for two years.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. No one shall import or sell foods that are likely to cause harm to human health, and no one shall sell foods or additives that do not meet the standards and specifications;

On October 2015, the Defendant, upon receiving a request from I, a person residing in China, to deliver “H” to the address known to him/her if he/she sends “H,” which is a multi-try food.

around October 2015, the Defendant: (a) delivered the instant food to K, a subordinate salesperson known to him/her; (b) delivered it to K, or delivered it to a customer’s address, 50 bills ( approximately KRW 5,000) from the said I, from around May 2016, the Defendant sold “H” food to K by the said method, including that he/she received 50 bills ( approximately KRW 5,000,00) from the said I, from around 200 to around May 2016, including that he/she had a risk of undermining human health and that it would not be detected in food; and (c) “H” food totaling KRW 3,600,00,000 (the market price equivalent to KRW 8,180,00,00,000,00).

Accordingly, the Defendant, in collusion with I, sold foods that are likely to harm human health, and sold foods that contain “caturine” ingredients that are not detected in foods, which do not conform to the standards and specifications.

2. Defendant B

(a) Where necessary for national health, the Minister of Food and Drug Safety may determine and publicly notify the standards for labeling food for sale, and accordingly determine the standards for labeling, and shall not sell, import, display, transport, or use for business purposes, food, etc., unless the standards for labeling are indicated in compliance with such standards.

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