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(영문) 서울남부지방법원 2017.12.20 2017고단4596
식품위생법위반
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who actually manages “B” in Yeongdeungpo-gu Seoul Metropolitan Government, and actually manages the business of manufacturing and selling bread and rice tea.

(a) No person who violates prohibition against false labelling, etc. shall indicate the name, manufacturing method, quality, nutrition labelling, genetically modified foods, etc., food traceability control, and the nutrition of foods or additives is different from facts or exaggerated labelling or advertising with respect to the use of food or additives;

Nevertheless, in order to sell foods in Suwon-si, Suwon-si, Suwon-si, Gyeonggi-do after receiving a finished product of “Makman’s”, a product manufactured separately by the Defendant, from G that operates an industrial establishment “F,” the Defendant expressed the location of the manufacturing cost and manufacturing cost as the above “F” but was falsely displayed and sold as if it was a product manufactured in the “B” operated by the Defendant.

Accordingly, from April 2016 to June 7, 2017, the Defendant received from the above F to supply the said F with 10 boxes containing 10 finished products of marina products from the said F, and sold them by subdividing them into 10, and then falsely indicated the location of the manufacturer and manufacturer as “B, Yeongdeungpo-gu Seoul Metropolitan Government C, customer Center: H: H, and selling approximately KRW 25 million in total.

(b) Foods or additives that are manufactured, imported, processed, used, cooked, or preserved in accordance with the standards and specifications, with respect to foods or additives, the standards and specifications for which are determined, and foods or additives that do not meet such standards and specifications, shall not be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved, or displayed for sale;

Nevertheless, the defendant on April 2016.

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