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(영문) 춘천지방법원 2018.08.21 2017고단403
식품위생법위반
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The defendant shall disclose the purport of a judgment of innocence.

Reasons

1. The facts charged [main facts charged]

(a) Any person who intends to engage in manufacturing or processing business of unregistered foods shall register his/her business type or place of business with the Minister of Food and Drug Safety or a Metropolitan Autonomous City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree;

Nevertheless, from April 2014 to November 15, 2015, the Defendant processed quachi and Alanon Kimchi without registering in C clubs located in Chuncheon-si B, and sold the above kimchi worth KRW 87 billion in total to D (ju) who is a member of the above club.

(b) A person who intends to engage in a spot-sale manufacturing or processing business, i.e., spot-sale manufacturing or processing business, shall report to the head of a Si/Gun/Gu having jurisdiction over a branch office of a Special Self-Governing Province;

Nevertheless, the Defendant, from July 10, 2015 to August 12, 2015, sold the said coffee in total to the members visiting the said club without filing a report at the place described in the said paragraph A, and manufacturing the said coffee.

[Preliminary facts charged] The Defendant is a general manager of “C club”, one of the registered branches of Co., Ltd. E, and is a person who independently performs his/her duties, such as employing employees on his/her own, and enjoying profits from his/her own business, under independent judgment.

(a) Any person who intends to engage in manufacturing or processing business of unregistered foods shall register his/her business type or place of business with the Minister of Food and Drug Safety or a Metropolitan Autonomous City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree;

Nevertheless, the Defendant, from April 2014 to November 15, 2015, processed quachi and alachi without being registered in C clubs located in Chuncheon City B, and then processed quachi and alachi.

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