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(영문) 부산지방법원 2015.06.03 2015고정391
식품위생법위반
Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. Defendant A is the substantial representative of Defendant B, a corporation located in Busan Seo-gu E.

1) Foods, etc., the standards for labeling of which are determined, shall not be sold, imported, displayed, transported, or used for business for sale, unless they are indicated in accordance with such standards. Nevertheless, the Defendant sold a total amount of KRW 2,537 gamblings from November 21, 2013 to October 14, 2014, 151,937,00 won in total, from November 21, 2013 to October 14, 2014, without indicating the fixed quantity, despite the fact that the fixed quantity was included in the final products of “F” manufactured and sold in “F” in “F,” which was manufactured and sold in “B,” and any person sells foods or food additives, etc., the same shall not apply to the nutritional value, raw materials, ingredients, and uses of food or food additives as indicated in the attached list of crimes.

Nevertheless, despite the fact that the above “F” content was 65%, the Defendant falsely marked the volume to be 9.9% by 99%, and sold a total of KRW 2,537 boxes, 12,685km from November 21, 2013 to October 14, 2014, such as the list of crimes in the attached Table, and sold a total of KRW 151,937,00 in total.

B. Defendant B, a representative of the Defendant, committed each of the offenses described in the preceding paragraph in relation to the Defendant’s business.

2. Determination

(a) A person who falls under any of the following subparagraphs under relevant Acts and subordinate statutes, Article 97 (Penal Provisions) of the Food Sanitation Act, shall be punished by imprisonment for not more than three years, or by a fine not exceeding 30 million won;

Articles 12-2 (2), 17 (4), 31 (1), 34 (4), 37 (3) and (4), 39 (3), 48 (2) and (10), the proviso to Article 49 (1) or the proviso to Article 49 (1).

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