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(영문) 서울서부지방법원 2014.06.24 2014고단1066
식품위생법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to engage in food manufacturing and processing business shall register with the Minister of Food and Drug Safety for each type of business or each place of business, as prescribed by Presidential Decree, the Minister of Food and Drug Safety shall manufacture, import, process, use, cook, store, subdivide and preserve foods or food additives, the standards and specifications of which are determined by the Minister of Food and Drug Safety, in accordance with such standards and specifications, and shall not sell foods or food additives,

On the other hand, according to the food standards and specifications determined pursuant to Article 7 of the Food Sanitation Act, the chemical structure of which is very similar, such as “saccine,” should not be detected in foods.

Nevertheless, the Defendant, from early January 2014 to late January 2014, without being registered as a food manufacturing and processing business operator in Gangnam-gu Seoul Metropolitan Government D and 2-story, purchased separate raw materials from F to the end-of-the-day drugs containing pre-divative ingredients, such as “Tail,” and manufactured a caps caps of 70,000 won, which are food in the form of a capsule, in the form of a capsule, using separately purchased red redivating materials containing the predivative ingredients of the predivative agents per capsule, and then sold a caps of 10,000 won "Yail-to-face" to G around February 2014, 2014.

Accordingly, the Defendant manufactured a capsulule, which does not meet the standards and standards without registering food manufacturing and processing business as above, and sold a capsule among them.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect against the defendant or G by the prosecution;

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 95 subparagraph 1 of Article 95 of the Food Sanitation Act and Article 7 (4), and Article 95 subparagraph 2-2 of the same Act concerning the selection of criminal facts;

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