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(영문) 인천지방법원 2017.11.30 2017고단7908

식품위생법위반

Text

Defendant

A Imprisonment with prison labor for eight months and for four months, respectively.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

No one shall sell foods, etc., the import of which is prohibited or imported without filing an import declaration, or collect, manufacture, import, process, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless, Defendant A purchased and transported used domestic agricultural products to a warehouse without filing an import declaration from trade on board the international passenger ship C with Defendant B, among Korea-China, and adjusted them by item, weight, and then sold the above agricultural products to a purchaser of the name in the Mag-to-be (hereinafter referred to as “D”) as a new distribution, and Defendant A made efforts to purchase, transport, store, and sell the imported agricultural products from trade markets, and Defendant B conspired to play a role in storing the imported agricultural products in the warehouse.

According to the aforementioned public offering, the Defendants collected agricultural products from March 2017 to May 2017, at the 6,503km of the terminal consignment of the International Passenger Ship Terminal No. 1 of Incheon Port from the 2017 to the 6,503km of the 1st international passenger ship in the name of the Defendant E, and transported the said agricultural products to the storage of K real estate in the name of the Defendant E, F, G passenger car in the name of the Defendant, and H, by using two out of the total 3 vehicles of the 1st 1st st son in the name of the Defendant, and stored after transporting the said agricultural products to the storage of K real estate in the name of the Nam-gu J. 1st Y, Incheon, and sold D a total of KRW 4,080 kilograms to 1 km.

Summary of Evidence

1. Defendants’ respective legal statements

1. Evidentiary photographs of the relevant vehicle, warehouse, etc.;

1. Each internal investigation report and each investigation report;

1. Each protocol of seizure, each list of seizure, and evidence of each seizure;

1. Evidentiary materials related to the execution of a warrant of search and seizure;

1. Application of Acts and subordinate statutes on recording the entry into international passenger terminals of Incheon Port 1;

1. Relevant Article 94(1)1 and Article 4 Subparag. 6 of the Food Sanitation Act, Article 30 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (The following factors are considered as favorable among the reasons for sentencing).