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(영문) 대구지방법원 김천지원 2014.02.13 2013고단1435
식품위생법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates “D” by importing the non-residentC from the Gu and Si, dividing it into two parts.

1. Any person who intends to import foods for sale or for business purposes shall report such fact to the Minister of Food and Drug Safety, and no one shall sell foods, etc. manufactured, processed, used, cooked, stored, subdivided, transported, or displayed such foods for sale, or collected, manufactured, imported, processed, used, cooked, stored, subdivided, or displayed such foods without filing an import declaration;

Nevertheless, the Defendant, without filing an import declaration with the competent authority from December 7, 2012 to April 16, 2013, ordered 13 kinds of products, such as 'Libine and microbine', from which E ingredients cannot be known for sale at the said D office, and imported them by international mail as indicated in the list of crimes (1). The Defendant, without registering the food manufacturing and processing business, made a mixture of products with furine C and the above imported products with 1-2 products, and then made them by packaging them to 500 mnife containers via disinfection. From December 13, 2012 to April 16, 2013, the Defendant, as indicated in the list of crimes (2) of attached Table 17 products, including F, G and H, 920,279,000,000 won, and sold them to many and unspecified persons as shown in the list of crimes (2).

2. Any person who intends to conduct business of repackaging and selling foods or finished products of food additives for the purpose of distributing them shall report such business to the Minister of Food and Drug Safety, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu;

Nevertheless, the Defendant, without reporting food subdivision business to the competent authorities, divided it into 300 g to 50 g, which is the food additives of the weight of 25 km imported from China from the said D office from April 16, 201.

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