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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant is engaged in the food manufacturing and processing business under the trade name “D” from August 1, 2011 to Namwon-si, Namwon-si.
Food manufacturing and processing business after reporting food manufacturing and processing business shall indicate the name of the food product, type of food, name of the business place and location of food, date of manufacture, distribution deadline, etc. by the methods determined by the Minister of Food and Drug Safety, and shall not sell, import, display, transport, or use for business purposes, unless the standards are indicated.
Nevertheless, around April 11, 2014, the Defendant sold an amount equivalent to KRW 800,000,000 of the market price, without indicating the product name, business name, location, and distribution period, to implied food, for which the criteria for labeling to E are set within the above D factory.
2. The evidence presented by the judgment prosecutor alone is insufficient to recognize that the above Dolllto, which was sold by the defendant, is food that must indicate all the product name, food type, business name and location, manufacturing date, distribution deadline, etc. by the method determined by the Minister of Food and Drug Safety under the Food Sanitation Act. There is no other evidence to acknowledge
Article 8 subparag. 4 of the Ministry of Food and Drug Safety’s Notice (wholly amended by the Ministry of Food and Drug Safety, Feb. 12, 2014) provides that “where goods are sold using an implied box, only the name and location of the business may be indicated in the sanitary box for transportation.” According to the evidence duly adopted and examined by the court (Article 11 of the evidence, particularly the evidence No. 3-1 and No. 3-2 of the evidence submitted by the counsel). According to the evidence duly adopted and examined by the court, the defendant can only recognize the fact that he sells the above Saturdays using the sanitary box for transportation, and the name and location of the business in the sanitary box for transportation can only be recognized as indicating the above sanitary box for transportation.