2012 Highest 1386 Violation of the Food Sanitation Act

Park○-○ and Pharmaceutical Affairs (Operation of Food Manufacturing and Processing Enterprises)

Housing Dongdaemun-gu Seoul Metropolitan Government Odong

Seoul Special Metropolitan City, ○○ Dong, e.g.

He/she shall receive a decoration (prosecution) and Kim Jong-si (public trial)

Attorney Lee Ji-su et al., Counsel for the defendant-appellant in charge of the Epex

May 31, 2012

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized Slives (No. 90g, Sl. 90g., Sl. 90g., Sl. 1), Sl. Sl. 30g, Sl. 30g., Sl. 2 shall be confiscated, respectively.

Criminal facts

1. Violation of the Food Sanitation Act due to addition of harmful substances;

A. As to the Siartra:

No person shall sell, manufacture, import, process, use, cook, cook, store, transport or display any product containing, or likely to contain, harmful substances, or foods or subdivided products manufactured, processed, or subdivided by any person, other than a business operator, or for sale.

Sibutin (Sibutin) on October 2010, it is not currently distributed according to the decision that the specialized medicine released from the measures of suspension of sale and voluntary collection recommended by the Korea Food and Drug Administration and the U.S. U.S. U.S. FDA due to the side effects of blood relationship would lead to the risk of harm, and it is also non-only medicine that is designated as a harmful substance in the food code publicly notified by the Commissioner of the Korea Food and Drug Administration and should not be detected in food, etc.;

The Defendant, at around September 2006, operated a food manufacturing and processing enterprise with the trade name “00 engineering” on the 1st floor of the Dongdaemun-gu Seoul O200 building, the Defendant purchased the soft (A, B, and C) product manufactured by inserting harmful substances soft citizens whose use as food ingredients is prohibited. After that, the Defendant received orders from April 11, 2007 to March 12, 2009 through the Internet shopping mall (www.O.O.O.O. co., Ltd.), from around 000 to around 000, the Defendant sold the total amount of KRW 11 sets 2,290,000,000 from around 00 to 00,000, the sales of the so-called 257,258,258,250,250, 200, 300, 205, 205, 200, 200, 305,25,25,000.

(c) Sale of unregistered manufacture;

Around October 209, the Defendant purchased an amount of KRW 1kg 3,00,000 from 10,000,000, from around 1, 200 to 1,000, from 2,000, to 2,0000 ○○○○○○○○○○○○ Dong, Dongdaemun-gu, Seoul, made 440 g of raw materials, such as bring, friend, e-mail, algorith, algorithum, algorithum, 10 g of 40 g of 20 g of 20 g of 1,00 g of 7,00 g of 20 g of 1,00 g of 7,000 g of 1,000 g of 2,000 g of 2,00 g of 1,00 g of 2,00 g of 2.

D. Conclusion

이로써 피고인은 위와 같은 방법으로 2007. 3.경부터 2012. 1. 11.경까지 시부트 라민을 사용하여 제조된 '감비단 세트(A, B, C)' 제품 및 '미인단 세트(아침용, 저녁용)' 제품 합계 2,362세트(470.16kg | 감비단 500세트, 미인단 1,862세트), 198,960,000원 상당을 판매하였다.

2. Violation of the Food Sanitation Act due to the sale of foods violating the standards and specifications;

Any person shall manufacture, process, and cook foods, the standards and specifications of which are determined, and shall not sell foods that do not meet such standards and specifications, or manufacture, process, use, cook, preserve, or display foods for sale. In the food code publicly notified by the Commissioner of the Korea Food and Drug Administration according to the standards and specifications, the latter shall be prohibited from using foods as raw materials because safety as food is not proven.

Nevertheless, from October 2009 to January 11, 2012, the Defendant manufactured and sold a total amount of KRW 1,862 feet (335.16 g, 1 feet x 0.18 g) 148,960,000 by using 20 km, which cannot be used as food ingredients as stated in paragraph 1-b.

3. Foods, etc. prescribed in the labelling standards publicly notified by the head of a food and drug safety center due to a violation of product labelling standards shall be indicated with product names, food types, business names and locations, manufacturing date, distribution period, names of raw materials and contents, etc.; and no product shall be sold, imported, displayed, transported for sale, or used for business purposes unless they are indicated in compliance with such standards;

Nevertheless, from March 2007 to March 2008, the Defendant subdivided the amount of 258 tax-free products into the powder 30gs without the marking items by dividing it into 30gs, 'C', 'C', and 'C', and then sold the amount of 258 tax-free products into the factory site, manufacturing date, distribution period, raw material name and content, etc. while selling the amount of 258 tax-free products into the factory site, etc., without indicating the name of the factory, manufacturing date, distribution period, raw material name and content.

4. Violation of the Food Sanitation Act by a non-reported subdivision business.

Where it is intended to manufacture or subdivide foods, etc., it shall be reported to the head of the Food and Drug Administration or the head of the Si/Gun/Gu for each type of business and location of business, as prescribed by Presidential Decree.

Nevertheless, from March 2007 to March 2008, the Defendant subdivided the food subdivision business into approximately 30 g of the ‘scoponed goods’ containing biters supplied by a manufacturer without reporting the identity of the Defendant, as described in paragraph 3, from the Seoul Dongdaemun-gu Seoul Metropolitan Government ○○○○○○dong, which is the Defendant’s home, to the head of the competent Gu, without reporting the food subdivision business. In addition, from October 2009 to January 2012, the Defendant subdivided the “unscopon goods” into approximately 90 g and 600 g of the relevant head of the competent Gu without reporting the food subdivision business. The summary of the evidence was that the Defendant subdivided the “unscopon goods” into 90g and 600 g of the evidence.

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and ○○;

1. A written statement of Ma-○, Ga-○, Ga-○, Ma-○, Kim○, and Ma-○;

1. Police seizure records;

1. Reports on respective internal intelligences;

1. Each report on investigation;

1. Application of the Act and subordinate statutes as a result of fact-finding inquiries;

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

Subparagraph 1 of Article 94 and Article 4 subparagraph 2 of the Food Sanitation Act (the violation of prohibition against sale of harmful foods, etc., the choice of imprisonment), Article 97 subparagraph 1, Article 37 (4) of the Food Sanitation Act (the occupation of a non-reported food subdivision business, the choice of imprisonment), Article 95 subparagraph 1, Article 7 (4) of the Food Sanitation Act (the occupation of a food sale that is not in conformity with the standards and specifications), Article 97 subparagraph 1, Article 10 (2) of the Food Sanitation Act (the occupation of business use of food, etc. without indicating the standards and specifications), Article 97

1. Aggravation for concurrent crimes;

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

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act is as follows: ① The Administrator of the Korea Food and Drug Administration, since April 2006, has continuously promoted the risk of the Simbu citizens by inserting notices that inform the risk of the Simbu citizens through the website from April 2006, has concentrated control since March 2008, and furthermore, on August 13, 2008, has prepared the criteria for non-explosion of drug ingredients, such as the Simbu citizens, under Article 2008-51 of the notification of the Korea Food and Drug Administration on August 13, 2008 to clarify this.

② The Defendant is a pharmacist, and the Defendant was aware of the fact that the Defendant, who had operated the business of wholesale and retail of healthy food, such as Arabic products from around 2003, was supplied with name-free goods and sold or directly manufactured and sold in non-perception treatment chemicals, that contain harmful substances that may not be detected in food such as reagents, etc., and the Defendant sold them to many and unspecified persons for a considerable period of time under a arbitrary judgment that the adverse effects or risks are insignificant.

(3) A person who, around 2003, was sentenced to imprisonment with prison labor for a crime in which he/she sells Arabic products manufactured using industrial ethyl alcohol, which are chemical synthetic compounds, the standards and specifications of which are not publicly announced, for which the defendant has been sentenced to imprisonment with labor for a year, a fine of ten million won, or a suspended sentence of three years.

In addition, considering the above circumstances and various circumstances such as the Defendant’s age, character and conduct, family relationship, and circumstances after the crime, the punishment as ordered shall be determined within the scope of the recommended sentence for food health crimes (from 1 and 6 months to 3 years in the basic area of “production, etc. of harmful foods, etc.” in category 2 related to harmful foods, drugs, and cosmetics).

Judge Lee Jae-Un,