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A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of ten million won.
The defendant does not pay the above fine.
Reasons
Punishment of the crime
No one shall sell foods, etc. manufactured, processed or subdivided by any person other than a business operator, or collect, manufacture, import, process, use, cook, store, transport or display such foods, etc. for sale, and any person who intends to operate food manufacturing or processing business shall register with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.
1. On March 26, 2012, the Defendant: (a) manufactured and processed the DNA Health Institute located in Yongcheon-si, Youngcheon-si, without being registered with the mayor of Youngcheon-si; (b) divided the drug extractions into the drug sprink and then sold KRW 260,000 from that time to January 15, 2013, the Defendant sold to 197 buyers KRW 205,50,000 in total of the drug extractions manufactured as above, as indicated in the separate sheet (1) from that time, to January 15, 2013.
2. From October 8, 2014, the Defendant: (a) sold 2 boxes to buyers in a bresh stating that he/she had five 25 square meters of 25 square meters at “G restaurant” located in the F of Busan Metropolitan City; and (b) sold 2 boxes to buyers of 500,000 won (1 boxes 75 mar, 250,000 won) in a bresh stating that he/she did not register with the mayor of Busan Metropolitan City; and (c) sold 2 boxes to buyers of 50,000 won (2) from that time to March 7, 2015, as described in the attached list of crimes (2).
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to each internal investigation report, each photograph, a pocket book, a request for appraisal, a copy of a meeting for appraisal, a copy of a statement of transactions of passbook, and a copy
1. A business operator under Article 94(1)1 and Article 4 subparag. 7 of the former Food Sanitation Act (Amended by Act No. 12496, Mar. 18, 2014) regarding criminal facts and the choice of punishment.