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(영문) 제주지방법원 2017.08.24 2017고정383
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is a person who operates a corporation B, and Defendant B is a corporation established for the purpose of producing, processing, and distributing agricultural products.

No person shall manufacture food as raw materials of plants, the standards and specifications of which are not determined and publicly announced by the Minister for Food and Drug Safety, and any person who intends to engage in business of manufacturing and processing food shall register such food with the competent authority in advance.

1. From October 2016, Defendant A: (a) at the office B located in Seopopo City D located in Seopoposi, without registering with the competent authority; (b) after breaking the leaf leaves publicly notified by the Minister for Food and Drug Safety so as to prevent the use of food as raw materials, Defendant A manufactured 30 “E” and sold 7 of them online.

As a result, the Defendant operated a tea manufacturing business without being registered with the competent authorities, and used shot tree leaves publicly notified by the Minister for Food and Drug Safety as a raw material to prevent use of food as a raw material in the process.

2. Defendant B Co., Ltd., at the time and place indicated in paragraph (1), operated Category C manufacturing business without registering the Defendant’s business with the competent authority as above, and used Category C leaf leaves publicly notified by the Minister of Food and Drug Safety to prevent use of food as a raw material in the process.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. A written accusation;

1. Relevant photographs;

1. Each investigation report (on-site confirmation report and inquiry of the drug safety wife of the relevant food, such as the leaves of sporess);

1. Application of Acts and subordinate statutes governing registration;

1. Defendant A: Article 95 subparag. 1, Article 7(4) of the Food Sanitation Act (which manufactures and sells foods that do not meet the food standards), Article 95 subparag. 2-2, and Article 37(5) (which are non-registered food manufacturing and processing business) of the Food Sanitation Act.

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