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(영문) 부산지방법원 2012.11.27 2012고단5794

식품위생법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person operating D, which is a fishery product processing company in Seo-gu, Busan.

Where fishery products are packaged and sold, the weight of contents shall be indicated on the packing, and it shall not exceed 5% of the weight marked with the shortage of actual weight, and no fishery products shall be sold without the weight marked in compliance with the above criteria.

The Defendant: (a) from October 24, 2008 to March 5, 2012, entered the frozen cream in D’s place of business into the water, and (b) increased the weight of crypted by attaching ice on its surface.

After the Defendant increased the de facto weight of 630g by the above method, the Defendant sold approximately KRW 1,411 ton (based on the de facto weight) and KRW 4.4 billion to the packages from October 24, 2008 to March 5, 2012 by marking the weight of 700g on the packaging, selling it by marking it with the weight of 70g.

Accordingly, the Defendant sold fishery products 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. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as internal investigation reports (Evidence No. 7, 8, 13, 16, 17, 22 and 24 submitted by the prosecutor);

1. Article 97 subparag. 1 of the relevant Act and Articles 10(2) and 10(1) of the Food Sanitation Act regarding criminal facts, which reflects the fact that there is no criminal record except for those who have been sentenced to a fine three times due to drinking driving, and contribute 50 million won to society (the circumstances disadvantageous to the defendant). The crime of this case, like this case, needs to be strictly punished because it seriously undermines the consumer confidence in processed food, and considering the period of the crime, the quantity of fishery products sold, etc., the benefit that the defendant acquired as a result of the crime of this case is not significant.