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(영문) 서울서부지방법원 2017.11.29 2017고합303
보건범죄단속에관한특별조치법위반(부정식품제조등)등
Text

A defendant shall be punished by imprisonment for a year and six months, and a fine of 600 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The indictment of this case contains Article 40 of the Criminal Act on the commercial concurrence.

However, in light of the content of the facts charged in the instant case and the purport that the prosecutor stated at the first trial date that the food sales portion was charged with the manufacturing and selling part of the food, Article 2(1)2 of the Act on Special Measures for the Control of Public Health Crimes and Article 7(4) of the Food Sanitation Act, the part of the instant facts charged that the Defendant’s annual retail price of the food sold exceeds KRW 50 million among the parts that the Defendant sold non-standard food in violation of Article 93(2)1 of the Food Sanitation Act, and Article 93(2)2 of the same Act, and Article 95 subparag. 1 and Article 7(4) of the Food Sanitation Act, and Article 95 subparag. 2 of the same Act, the part that the Defendant manufactured food using yellow dust in violation of Article 93(2)1 of the Food Sanitation Act, is reasonable to deem that the annual retail price of the food sold in violation of the standard size does not reach KRW 50 million, and thus, Article 40 of the same Act does not apply to the instant case.

The defendant is a person who manufactures and sells multi-family food with the trade name "E" in Gangseo-gu Seoul Metropolitan Government D.

1. Foods or additives which are manufactured, imported, processed, used, cooked, or preserved in accordance with the standards and specifications for violating the Act on Special Measures for the Control of Public Health Crimes (manufacturing, etc. of Illegal Foods), and foods or additives that fail to 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 had the mind to manufacture and sell multilateral food using the “ma,” which was designated by the Minister for Food and Drug Safety to prevent use of food as a raw material, and the “snurbing.”

The defendant extracted from the above E around January 3, 2013.

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