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(영문) 서울서부지방법원 2016.06.16 2016고정351

식품위생법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 7,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of the B Co., Ltd. in South Yangyang-si, and the defendant B Co., Ltd. is a corporation established for the purpose of manufacturing and processing food.

1. No person who accused A shall place a false label with respect to the name of food, etc., manufacturing method, quality and nutrition labelling, genetic materials, associations of food, etc., and tracking and control labelling of food history;

Nevertheless, on September 23, 2014, the manufacturing date of “D” products returned at the factory, and “D” products returned to the Defendant was on June 2014, and on February 2, 2015, the distribution period was exceeded, and the date of manufacture was indicated as the date of September 23, 2014, and the distribution period was determined as May 22, 2015, and was falsely indicated between around that time and July 8, 2015, as indicated in the list of crimes in the attached Table, 30 times in total at the market price of 24,056,596, and 596 won.

2. Defendant B, the representative of Defendant B Co., Ltd., committed an act of violation in relation to the Defendant’s business at the same date, time, and place as above.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Statement protocol by the prosecution against E (list of evidence No. 118);

1. The written statement of the police written by Defendant A, the list 1 and 2 of the crimes committed in the attached table (the list Nos. 113, 114 of evidence);

1. Each police statement protocol with respect to E, F, and G (3,60,62,77 on a net basis);

1. A copy of the certificate of seizure No. 10 (factory registry) and a copy of the certificate No. 2 (Evidence No. 79,80) of the certificate of seizure of the Bank of Bankruptcy (Evidence No. 79,80);

1. A copy of the H Work log in the production place (Evidence No. 32);

1. ECOUT output (Evidence No. 7);

1. Investigation Report (Preparation of Suspect A’s Crime List), Defendant A’s packaging conflict submitted by e-mail on July 30, 2015, extraction of parts of packaging conflict at the work site submitted by H, and list 1 of crime sight (the list of evidence Nos. A) (the list of date of proposal and period of circulation after the suspect’s packaging).