1. Violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Food Products)

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(b) Violation of the Food Sanitation Act;

1. A.

2. B. B

3. b. C

J. H. (Institution of Prosecution) Man-hee (Trial)

Attorney Park Sung-chul (Defendant A and C's national ships for the purpose of this Act)

August 13, 2013

1. Defendant A

A defendant shall be punished by imprisonment for a year and six months, by a fine of 80,000,000 won.

except that the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

When the defendant does not pay the above fine, the defendant Eul shall be confined in the old house for the period of 500,000 won converted into one day.

To order the defendant to pay an amount equivalent to the above fine.

The defendant shall be ordered to provide community service for 40 hours.

2. Defendant B

Defendant shall be punished by a fine of KRW 1,00,00.

When the defendant does not pay the above fine, the defendant Eul shall be confined in the old house for the period of 50,000 won converted into one day.

To order the defendant to pay an amount equivalent to the above fine.

3. Defendant C.

Defendant shall be punished by a fine of KRW 5,00,00.

When the defendant does not pay the above fine, the defendant Eul shall be confined in the old house for the period of 50,000 won converted into one day.

To order the defendant to pay an amount equivalent to the above fine.

Punishment of the crime

1. Defendant A

From June 25, 2011, the Defendant reported the business to the Busan Southern-gu Office and is engaged in manufacturing and wholesale and retail business with the trade name of "D food in Busan-gu."

(a) Violation of the Act on Special Measures for the Control of Public Health Crimes due to manufacturing of fraudulent acts (manufacturing of illegal food);

A person who manufactures and processes monaks shall not mix other food strings extracted from 10 strings or from 20 strings, and he shall not exceed 0.5% of mondic acids, and he shall not detect mondic acids from 20 January 2, 2012 to 23 January 2013: 50% of the total strings of 30 strings of 20 strings of 20 strings of 20 strings of 20 strings of 30 strings of 20 strings of 20 strings of 20 strings of 30 strings of 20 strings of 20 strings of 30 strings of 20 strings of 30 strings of 20 strings of 10 strings of 10 strings of 2.

(b) Violation of the Act on Special Measures for the Control of Public Health Crimes due to manufacture of satisfying places (Manufacture of illegal food);

On July 26, 2011, the Defendant reported to the Busannam-gu Office that he would manufacture ‘satisfy' mixed with ‘80% of the above D food (91% of the marine oil, 7% of the face oil, 20% of the marine oil) and ‘satisfy' with ‘20% of the marine oil'. Nevertheless, the Defendant refused to manufacture ‘satisfy' in mixing with the satisfy oil described in the above paragraph at the place, as reported to the Busannam-gu Office. Nevertheless, the Defendant, unlike the date mentioned in the above paragraph, made a mixture with the satisfy oil described in the above paragraph, mixed with capacity 9, 158, 4 liter, retail price 43, 766,000 won.

C. Sub-determination

Accordingly, the Defendant manufactured the retail price of the total of 68,316,00 won (63,113,000 won in total from January 2, 2012 to December 27, 2012, and the retail price of which exceeds the value of 50,000 won in total from January 2, 2013 to January 23, 2013.

2. Defendant B

A person who engages in wholesale and retail business of agricultural products with the trade name of "0 agricultural products in Ulsan-gu." Any person shall manufacture, import, process, use, cook, keep foods or food additives in accordance with the standards and specifications, and shall not sell foods or food additives for sale or manufacture, import, process, use, cook, store, subdivide, subdivide, transport, preserve or display them for 00 movables from October 24, 2012 to January 23, 2013, the Defendant supplied them with 00 litrespos per 0 0 litres per 60 litres per 40 litres per 60 litres per 60 litres per 50 litres per 60 litres per 50 litres, and 0 litres per 60 litres per 60 litres per 1.8 litres of D foods manufactured as above 1 (A).

3. Defendant C.

The Defendant is a person who engages in wholesale and retail business of agricultural products with the trade name of 00 agricultural products in Ulsan-gu. Foods or food additives that meet the standards and specifications shall be manufactured, imported, processed, used, cooked, preserved in accordance with such standards, and foods or food additives that do not meet such standards and specifications shall not be sold or manufactured, imported, processed, cooked, stored, subdivided, transported, preserved, or displayed for sale. Nevertheless, from around January 18, 2012 to January 16, 2013, the Defendant supplied 00 movables to 00, to 00, 10, 10, 50, 10, 10, 50, 10, 60, 10, 60, 10, 60, 10, 60, 10, 50, 10, 60, 10, 60, 10, 50, 60, 10, 600.

Summary of Evidence

1. Defendants’ respective legal statements

1. Request for cooperation in investigation (Analysis and appraisal of ingredients of witness), request for a product inspection, receipt of a product, and request for cooperation in investigation;

As a result, the response (Analysis of the ingredients of the name); the test result; the notification of non-compliant products (as to the request) and each of the notification;

seizure protocol (field), each list of seizure, list of transactions, list of records of transactions, and report of internal investigation (with respect to the method of manufacturing fake)

J.C. 173 of investigation records

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

(a) Defendant A: Article 2(1)2 and (2) of the Act on Special Measures for the Control of Public Health Crimes;

In addition to Article 7(4) of the Sanitary Act, a fine for the selection of a limited term

Concurrent Imposition

B. Defendant B and E: Each of Article 95 subparag. 1 and Article 7(4) of the Food Sanitation Act, and each of the fines is selected.

1. Discretionary mitigation;

Defendant A: Articles 53 and 55(1)3 and 6 of the Criminal Act

1. Suspension of execution;

Defendant A: Article 62(1) of the Criminal Act

1. Social service order;

Defendant A: Article 62-2 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Code

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The reason for sentencing (Defendant A)

1. The scope of applicable sentences under the Acts: Imprisonment with prison labor for a year and June, 15 years to 68, 316, 00 won to 170, 790, 000 won; 2. The scope of applicable sentences according to the sentencing guidelines;

[Determination of Type] Food and Health Crimes, Harmful Foods, Drugs, Cosmetics, Type 1 (Standard, Standards, Specifications, etc.)

Manufacture, etc. of violating foods, etc.)

[Scope of Recommendation] Basic Field, Imprisonment from one year to two years;

3. Determination of sentence;

The crime of this case committed by the defendant with other food maintenance mixed in his own name and selling it on retail by manufacturing fake oil containing more than the standard values of play, which does not meet the standards and specifications, shall be punished corresponding to his act, such as the fact that the crime of this case was committed by deceiving consumers about the quality of his own name and disturbing sound food distribution order, and that the period of the crime exceeds one year.

However, the fact that the defendant has no criminal records of the same kind and has no history of punishment for suspension of qualification or more severe punishment, that the defendant repents and reflects his mistake in depth, that the defendant does not seem to be harmful to the human body, and that the defendant's actual benefit from the crime of this case seems not to be significant, and that the defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime, etc. are considered, and all other circumstances constituting the conditions of sentencing specified in this case, such as the punishment of the defendant shall be determined as ordered.

Judges fixed line

Judges Jin-Law

Judges Mahova-Gyeong