Defendant

Manordo and recent jurisdiction (public trial)

Law Firm Dok, Attorney Dok-do and Dok

Defendant shall be punished by imprisonment for a year and six months, and a fine of 5,000,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

However, the execution of the above imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

In order to order the provisional payment of an amount equivalent to the above fine.

The Defendant is a person who actually runs the “○○ Food” located in Dongdaemun-gu Seoul ( Address 1 omitted).

On June 2012, the Defendant received a proposal from Nonindicted 1, 2012, “In the event that he imports red powder in China, compared to the fact that customs duties are 270% in comparison with the import price, if he imports a mixture of molds less than 40% (hereinafter “water calculate”; hereinafter “water calculate”), customs duties shall not be exceeded 45% compared with the import price. The Defendant may, after importing and drying mixed norms, engage in a business of selling them in red calcules, and accepted it. The Defendant, upon receiving such a proposal, agreed from Nonindicted 1, 200, installed a calculate, calculate, etc. in a vinyl located in China, and made it possible for Nonindicted 3 to build and calculate it into a vinyl, and made it possible for the Defendant to manufacture and import the same as a vinyl, and the Defendant, who was in charge of the construction and calculization of the above calculate in China.”

1. Manufacturing unreported foods;

Any person who intends to operate a food manufacturing business shall report to the competent authority.

Nevertheless, from June 2012 to February 20, 2013, the Defendant mixed approximately 40,000 g of luminous ( Address 2 omitted) with a dried machine installed at the competent authority without filing a food manufacturing business report, Nonindicted 3 and Nonindicted 2 used the dried machine installed therein, 2nd of vibration sunrise and vibration, 1st of laver, 1st of e-mail, and 1st of e-mail, etc., and imported from China through Nonindicted 1 through Nonindicted 1. The Defendant dried up approximately 100 g of lusium (for ingredients: 39% of solid powder, 39% of math, 6% of math, 5% of math of math, 3% of Mag, 2% of salt, 45% of Magth of Mag, and 2k per 100 g of gag of e-mail, and 10 g of e-mail.

Accordingly, in collusion with Nonindicted 1, 2, and 3, the Defendant engaged in the business of manufacturing food without reporting to the competent authorities.

2. Sale of unreported foods;

No person shall sell foods manufactured by any person who fails to report food manufacturing business.

Nevertheless, the Defendant received approximately KRW 12,00,000 from Nonindicted 3 the food distribution company located in Mapo-gu Seoul ( Address 3 omitted), and sold it to Nonindicted 4, etc., a food distribution company located in Mapo-gu, Seoul.

Accordingly, the Defendant, in collusion with Nonindicted 3, sold food manufactured by a person who did not report food manufacturing business.

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the whole part with Nonparty 2);

1. Each prosecutor's interrogation protocol on Nonindicted 5, 2, 3, and 1

1. The prosecutor’s statement concerning Nonindicted 6

1. Each police statement made against Nonindicted 7 and 6

1. A copy of the accusation, on-site photographs, collection certificates, internal photographs of manufacturing factories, process diagrams, internal photographs, report on internal investigation (verification of raw materials manufactured in red powder powder), confirmation of the items indicated in Korean, rental fees, etc., details of deposit, investigation reports (information on the quantity of imported mixed values), details of sales of △△ food, copies of each tax invoice (Y2K, for example, and for non-indicted 4), and inspection report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 94 subparag. 1 and Article 4 subparag. 7 of the Food Sanitation Act, Article 30 of the Criminal Act (in all respect of the sale of manufactured food by an unreported business operator, the concurrent imposition of imprisonment and fines), Article 97 subparag. 1 and Article 37(4) of the former Food Sanitation Act (Amended by Act No. 10787, Jun. 7, 201; hereinafter the same shall apply), Article 30 of the Criminal Act (the occupation of an unreported food manufacturing business, the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration of favorable Conditions among the Reasons for Sentencing below)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The Defendant’s defense counsel held that the Defendant’s act of manufacturing and processing food with the trade name “△△ food” prior to the occurrence of the instant case, while engaging in the business of manufacturing and selling the mixed elbry powder consisting of the red elbry powder as its principal ingredient. As such, the Defendant’s act of manufacturing and selling a kind of mixed elbule powder (hereinafter “instant mixed elbule”) by building the imported water and air, is premised on the food manufacturing business report for the existing “△△△ food” and thus, it cannot be deemed that the Defendant engaged in the food manufacturing business without filing any report under the Food Sanitation Act.

According to Article 37(4) of the former Food Sanitation Act, for the manufacturing business of food, the Defendant is required to prepare facilities meeting the facility standards prescribed by the Ordinance of the Ministry of Health and Welfare for each business type and report to the head of the competent Gu. According to the records, since from 2002 to △△△ Food (hereinafter “○○ Food”), the Defendant’s operation of the manufacturing and selling business of food with solid powder as its main ingredients can be recognized as having completed legitimate reports with the head of Dongdaemun-gu ( Address 4 omitted). However, the Defendant’s operation of the reported △△ Food is not a place for the manufacturing of the instant mixed food in collusion with Nonindicted 2, which can be seen as a place for the manufacturing of the instant mixed food. In particular, it is difficult to view that the Defendant’s operation of the existing △△ Food Food Sanitation Act, which is not a place for the manufacturing of the instant processed food in collusion with the existing △△ Food, which is not a place for the manufacturing of the instant processed food, and it is difficult to see that the existing △ Food Sanitation facility was combined with other facility standards.

Considering the purport of the Food Sanitation Act that aims to prevent danger and injury caused by food and to contribute to the improvement of national health by distributing foods manufactured in a safe manner through manufacturers who have completed due process, such as permission for, or reporting on, the fixedness at a place of business equipped with facility standards, the act of the Defendant committed an act of manufacturing and selling the mixed faith in collusion with Nonindicted 2, etc. in an unsanitary and unsanitary environment and neglecting his duty to report for such an act is very poor, and in particular, the Defendant was in the position of the principal offender who actually controlled all the business processes from the above mixed faith to the sale, and in particular, the Defendant was in the position of the principal offender who actually controlled all the business processes from the above mixed faith to the sale. Considering that the period of the Defendant’s criminal act is short and the number of sales, processed quantity, and sales amount are not considerable, the Defendant’s responsibility is heavier

However, the defendant shows an attitude that the defendant repents and reflects his wrong mistake in the course of investigation, the recent years has no record of the crime subject to severe punishment, the actual suspension of the business after the control by the relevant agencies, the manufacturing method and sanitary problems of mixed and mixed faith are excluded from the manufacturing method and the sanitary problems of the product manufactured and sold by the defendant, the current process of registration under the Food Sanitation Act seems to be a kind which can be operated, and the execution of imprisonment for the defendant is suspended by considering the defendant's age, character, conduct and environment as a whole.

It is so decided as per Disposition for the above reasons.

Judge Su Tae-tae