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(영문) 인천지방법원 2013.12.19 2013고단6880
식품위생법위반
Text

Defendant

A Imprisonment for one year, Defendant B’s imprisonment for six months, and Defendant C for a fine of 3,00,000 won.

Defendant .

Reasons

Punishment of the crime

1. No one shall make any indication or advertisement that is different from facts or exaggerated with respect to the name, manufacturing method, quality and nutrition labelling, nutrition prices, raw materials, ingredients, usage, etc. of foods, etc.;

Nevertheless, on January 7, 2012, the Defendant sold Class 20 products (total amounting to 516,226,950 won) with false ingredients on 187 occasions, as shown in attached Table 1, to H et al., after falsely indicating “G” products manufactured by adding 4% of tin concentration to “100% of tin concentration (15Brix/G),” and selling them to H et al., as indicated in attached Table 1, from January 4, 2012 to May 23, 2013.

2. Defendant B

(a) No one shall place any false or exaggerated indication or advertisement with respect to the name, manufacturing method, quality and nutrition labelling, nutrition prices, raw materials, ingredients, use, etc. of foods, etc.;

Nevertheless, on January 7, 2012, the Defendant purchased six categories of products (total 32,705,000 won) with false ingredients, etc. on a total of 130 occasions from January 4, 2012 to May 23, 2013, after purchasing “G” products with false ingredients indicated as “15Brix or 100% of tin concentration (15Brix or more)” even though the Defendant manufactured them by adding 4% of tin concentration to “H” as described in paragraph (1), and sold them after purchasing from A six categories of products with false ingredients, etc. on a total of 130 occasions, as indicated in attached Table 2.

(b) A person who intends to operate a sales business specializing in the distribution of unreported distribution and sales business shall report to the competent authority;

Nevertheless, the Defendant, without reporting to the competent authority from January 7, 2012 to May 23, 2013, received 10 products, such as “G”, “J”, etc., from “H” to “F operated by the Defendant,” and received them from “H” as trademarks.

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