The Defendants are not guilty.

The facts charged C is a company that enters into a franchise contract with F. (hereinafter “F”) and produces and sells coconuted goods using the trademark “G” in Korea. Defendant A takes charge of the overall management of the company director C Co., Ltd. as the intra-company director of the Co., Ltd., and Defendant B takes charge of the procurement and distribution of raw materials necessary for the production of “G” as the employees of the Co., Ltd.

1. Business operators and their employees prescribed by Presidential Decree, such as defendants A and B food service providers, etc. shall not subdivide, transport, display or keep products, foods or raw materials thereof, the distribution period of which has expired, for the purpose of cooking and selling, or use them for sale or for the manufacture or processing of food;

Nevertheless, from September 25, 2015 to October 7, 2010 of the same year, the Defendants made 2,170 coconsents of the market price of KRW 1,430,00 by using the “Odddd-mix”, a raw material for coconsents, for which the distribution time limit has passed at the Guro-gu Seoul Metropolitan Government Cro Center, Guro-gu, a corporation with H and the first floor, using the “Od-type mixings” (the whole coconss).

As a result, the Defendants conspired to use the raw materials of food for which the distribution deadline has lapsed.

2. Defendant C is a corporation established for the purpose of manufacturing and selling food.

In relation to the work of the defendant at the time and place set forth in paragraph 1 above, A, the representative of the defendant, B, who is the employee of the defendant, used the raw materials of food for which the distribution deadline has expired as above.

Judgment

The prosecutor prosecuted the facts charged by applying Article 97 subparagraph 6 and Article 44 (1) of the former Food Sanitation Act (amended by Act No. 11690 of March 23, 2013, and amended by Act No. 14022 of February 3, 2016; hereinafter the same) to Article 97 subparagraph 6 and Article 44 (1).

In this regard, Article 44(1) of the former Food Sanitation Act(Article 44(1) and Article 97(6) of the former Food Sanitation Act(Article 44(1) of the same Act(Article 97(1) of the same Act) provides that “part” is against the Constitution in violation of the comprehensive prohibition of delegation(Article 44(1) of the same Act.