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(영문) 인천지방법원 2016.01.20 2015고단7246
식품위생법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in food manufacturing and processing business, food subdivision and sales business, such as food maintenance, etc., under the trade name of "(ju) E" in Nam-gu Incheon Metropolitan City D, and Defendant B is a person in charge of manufacturing and processing of oil in the above E.

No person shall make a false label, etc. with regard to the names, manufacturing methods, quality and nutrition labelling, raw materials, ingredients, purposes of use, etc. of foods, etc.

Nevertheless, from August 1, 2014 to August 20, 2015, the Defendants conspired to manufacture the oil in collusion with each other, and manufactured the oil at a rate of 25% of the imported acid monst in order to reduce the manufacturing cost. However, in order to reduce the manufacturing cost, the Defendants made a mixture of 75% of the imported acid monst in which the raw material price is low at 25%, but on the completed monst container, “10% of the imported acid monst” was stated as “10% of the total monst,” and falsely advertised the manufacturing method and raw materials of food, and sold a total amount of 293,490,122 won to trading companies, such as F, etc. for the above period.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol of seizure and a list of seizure;

1. Report on internal investigation (the details of confirmation on the website of the suspected company);

1. A copy of entries by item;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of suspect data - Details of purchase of thickness of imported products);

1. Relevant Article 95 Subparag. 1 and Article 13(1)2 of the Food Sanitation Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A: Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria [the types] and false labelling of foods and health [the general types of sentencing] Class 2 (the special types of sentencing factors): Reduction factors: Where the degree of violation of law is not hot (the scope of recommended punishment] 4 months to 1 year;

2. The crime of this case, which is determined to be sentenced, shall be deemed to impair the stability and distribution order of food by falsely marking the name of the raw material of the product.

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