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(영문) 서울중앙지방법원 2014.11.05 2014고정3781

식품위생법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

No one shall sell foods, etc. imported without filing an import declaration, or import, process, use, cook, store, subdivide, transport or display them for sale.

1. Defendant A is a person who operates imported food sales stores under the trade name of Busan Jung-gu C through D.

On June 21, 2014, the Defendant sold one of the following: (a) the Japanese customs clearance, a machine-dong, and a machine, which was imported without filing an import declaration through D, an Internet site that sells imported food.

2. On June 30, 2014, Defendant B displayed three of the Japanese breging breging, one breging breging, one breging, and one diesel breging for sale, which was imported without filing an import declaration at the imported food sales store called “F in the operation of Defendant E and 316 dong 905.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. A report on internal investigation (a disguised purchase by a counter-party to a seller of imported food from Japanese origin), a report on internal investigation (referring to purchase of food in D), and a report on internal investigation (a false purchase photograph);

1. Application of the relevant Acts and subordinate statutes to the scene of crackdown, photographs of seized articles, and photographs;

1. Defendants of relevant legal principles concerning criminal facts: Each of the Defendants under Articles 94 (1) 1 and 4 subparagraph 6 of the Food Sanitation Act (elective selection of fines)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Confiscation Defendant B: Article 48 (1) 1 of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.