2012 Highest 1643 Violation of the Food Sanitation Act

○○ (OC○○), food processing business

Daegu-gu 00 Dong-dong 00

Gyeongbuk-gu District in Reference domicile

Desckary (prosecution) and senscinary (public trial)

Attorney Park Jae-hoon

March 30, 2012

A defendant shall be punished by imprisonment for two years.

Criminal facts

The defendant is a person who operates '○○' as an importing or processing company of fishery products in Daegu-gu ○○○-dong ○○○-○○.

1. In cases where any person processes food by adding gyllium in violation of standards for the method of using food additives, he/she shall be middle prior to the completion of such final food;

shall be removed or decipated.

On October 23, 2009, the Defendant added triium for 1 through 2 days to trina to trina in order to absorb a large quantity of water at the above ○○○○ place of business, and did not use triium for 1 or 2 days, and then pack and sell it without being neutified or removing it, and did not add triium for 72,443 kilograms from around that time to January 30, 2012, and 105,69 kilograms (based on the weight indicated on the packaging of the above product) with triium for 105,69 kilograms (based on the weight indicated on the packaging of the above product). Accordingly, the Defendant used triium for china in violation of the standards for the method of using food additives as determined by the Commissioner of the Korea Food and Drug Administration.

2. Where fishery products are packaged and sold in violation of the standards for marking the weight of foods, the weight of contents shall be indicated on the package thereof, not exceeding five percent of the weight bearing the lack of actual weight, and no fishery products shall be sold without indicating the weight that meets the standards;

From October 23, 2009 to January 30, 2012, the Defendant added the fishery fluorium to the ○○○○○’s place of business from October 23, 2009 to the fishery fluorium so that it can absorb a large amount of water by melting it for one to two days, and then melting it into the water, and again fluent it again, thereby allowing ice to ice on the surface. The Defendant actually increased the volume and weight of the fluoral.

The weight of sea ginseng with the weight of 370 grams increased by the above method, and sold it to the packages with the weight of 700 grams, with the actual weight of 350 grams increased by the above method, and then sold sea ginseng 72,443 kilograms and small 105,69 kilograms (based on the weight indicated on the package of the above product) with the weight of 50 grams from October 23, 2009 to January 30, 2012, by indicating it as 50 grams and selling it on the packages with the weight of 72,443 kilograms and 105,69 kilograms (based on the weight indicated on the package of the above product).

Accordingly, the Defendant sold sea ginseng and salt without indicating the weight that meets the criteria for marking the weight of food determined by the Commissioner of the Korea Food and Drug Administration.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made by the prosecutor to the prosecutor's office;

1. Statement of seizure of each police;

1. A report on investigation (inspection of a flood rate and confirmation of detection of a PH);

1. Investigation report (types of fishery products handled by 00 enterprises and process of processing fishery products);

1. An investigation report (the current status of illegal sales of 00 freezing ginseng or cattle);

1. A test report from the head of the Busan Metropolitan City Health and Environment Research Institute;

1. Application of Acts and subordinate statutes, such as a request for appraisal by the president of the National Institute of Scientific Investigation;

1. Article applicable to criminal facts;

Subparagraph 1 of Article 95, Article 7(4) and (1) of the Food Sanitation Act (in violation of the standards for the method of using food additives), Article 97 Subparag. 1, Article 10(2) and (1) of the Food Sanitation Act (in violation of the standards for the indication of weight of food additives)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges Hatho