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(영문) 서울중앙지방법원 2013.11.06 2013고정4759

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates Chinese food store under the trade name of Dongjak-gu Seoul Metropolitan Government C.

1. Any person who intends to import food, etc. for sale or business purposes shall report to the Minister of Food and Drug Safety as prescribed by Ordinance of the Ministry of Food and Drug Safety;

Nevertheless, on December 2012, the Defendant, without filing a report with the Minister of Food and Drug Safety, had D, the Defendant’s misinception for the purpose of sale at the above food store, imported the Defendant’s misinception 40 wings, 20 wings, 20 wings, 10 wings, and 10 wings, and imported them by purchasing and receiving them.

2. No one shall sell imported foods, etc. without filing an import declaration with the Minister of Food and Drug Safety, or display such foods, etc. for sale;

Nevertheless, from around December 2012 to July 15, 200, the Defendant sold to many unspecified customers with no knowledge that he/she was suffering from the four diseases in Korea, 1,500 won per dog, respectively. From around December 12, 2012, the Defendant displayed for the purpose of selling domestic - 12 boxes, 11 seals, and 6 bottles, “the head of the shoulder erogate” to the Minister of Food and Drug Safety without filing an import declaration with the said food store.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 95 Subparag. 1 and Article 19(1) of the former Food Sanitation Act (amended by Act No. 11690, Mar. 23, 2013); Article 94 Subparag. 1 and Article 4 Subparag. 6 of the Food Sanitation Act (Unreported Import Display) of the same Act; the selection of fines for negligence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so ordered as per Disposition for the reasons under Article 48(1)1 of the Criminal Act.