Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The Defendant is a person who operates a telecommunications sales business under the trade name of “B.”

A person who intends to engage in business of importing and selling imported foods, etc. shall register his/her business with the Minister of Food and Drug Safety.

Nevertheless, on October 18, 2016, the Defendant, without registering the business of importing and selling imported food, etc., on an Internet site (www.naver.com), posted “fish milk,” which is a food container manufactured in Japan, as a product. On October 14, 2016, the Defendant purchased and delivered one of the above milk bottles through a person residing in Japan from C and then sold it to D in the same manner on the same month, including selling at KRW 29,500, and selling at KRW 28,500 in imported food, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a report on a communications sales business, a certificate of sales status, a Internet sign-up, and an investigation report (an investigation into the other party telephone in charge of food safety management E in the Food and Drug Administration);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 42 of the relevant Act on criminal facts, Article 42 subparagraph 1 of the Special Act on Imported Foods Safety Control, and Article 15 (1) of the same Act and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant’s acknowledgement of the criminal facts of this case and reflects his mistake; (b) the Defendant’s business size is small; and (c) the goods actually sold are not large; and (d) the primary offender who has no record of criminal punishment is recognized as favorable to the Defendant.

However, the crime of this case where the defendant imported and sold food containers without registering his/her business is not less than the nature of the crime in light of the contents and methods of the crime, the legislative intent of the Special Act on Imported Food Safety Control, and the balance of general amounts of punishment in the same and similar cases, and other arguments in this case.