Defendant

All appeals filed by C and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The lower court found the Defendant guilty of violating the Act on Special Measures for the Control of Public Health Crimes, which is the facts charged of this case, even though the Defendant failed to know that he was an industrial Hexane that he could not be used as food additives at the time of claiming a misunderstanding of facts.

In light of the fact that there is no record of criminal punishment for the same kind of crime claiming unfair sentencing, the punishment imposed by the court below (one year and six months of imprisonment, and a fine of 160 million won) is too unreasonable.

According to the prosecutor's statement, etc. against the defendant A (the part of the judgment of not guilty in the judgment of the court below) K, the court below accepted the defendant's assertion and acquitted the defendant, despite the fact that the defendant conspired with the defendant C to commit the crime of this case in the course of operating the factory of this case in the same manner.

Defendant

According to the statements of M, Q and I, etc. by which he/she supplied the misunderstanding of facts or misapprehension of legal principles to Co., Ltd. (hereinafter “Defendant B”) and Defendant C, inasmuch as he/she manufactured and sold flag oil using a non-sanitary shouldering as a raw material, it is found guilty of violating the Food Sanitation Act, which is the facts charged against the Defendants, even though it is unlawful.

The sentence imposed by the lower court on the Defendants on the assertion of unfair sentencing (Defendant B: fine of KRW 30 million; fine of KRW 1.6 million; fine of KRW 160 million; and fine of KRW 160 million) is too uneased and unreasonable.

Judgment

Defendant

According to the evidence duly examined and adopted by the court below, the following circumstances, i.e., Hex acid may be used as food additives (0.005g/km for the purpose of extracting ingredients of food manufacturing).