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(영문) 서울서부지방법원 2015.10.08 2015고정1135
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a representative who sells herb drugs, such as ‘boom', using ‘C' in the name of ‘B' in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and ‘B' as food ingredients of ‘bever'.

Foods or food additives, the standards and specifications of which are determined under Article 7 (1) and (2) of the Food Sanitation Act, shall be manufactured, imported, processed, used, cooked or preserved in accordance with such standards, and no foods or food additives, the standards and specifications of which are not complied with, shall be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved or displayed for sale.

Nevertheless, from December 31, 2013 to October 7, 2014, the Defendant determined that “D” used as raw materials for food, and sold 6,000 won per 30 cubic fluc flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flus flu

As a result, the Defendant sold raw materials that do not meet the food standards and specifications as raw materials for food.

Summary of Evidence

1. Partial statement of the defendant;

1. Data concerning delivery;

1. Application of Acts and subordinate statutes to advertising materials, printed materials, or arbing materials, or advertising contents;

1. Article 95 of the Food Sanitation Act applicable to criminal facts, Articles 95 subparagraph 1 and 7 (4) of the same Act, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that the “bood” is not in violation of the Food Sanitation Act since the Defendant sold “bood” as an agricultural product that is not food in the natural environment that is not manufactured, processed, or heated. However, the evidence and the following circumstances revealed by the ruling, namely, ① the Defendant’s online shopping mall.

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