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(영문) 서울서부지방법원 2014.09.17 2014고단1841

축산물위생관리법위반

Text

Defendant

A Imprisonment of 8 months, Defendant B and C shall be sentenced to 6 months, and Defendant D Co., Ltd shall be sentenced to 10,000,000.

Reasons

Punishment of the crime

Defendant

A is the representative of the defendant D Co., Ltd. located in Yongsan-gu Seoul Metropolitan Government N1st to operate the Ma, a general restaurant located in Yongsan-gu, Yongsan-gu, Seoul. The defendant B is the vice president of the above corporation, the defendant C is the director of the above corporation. The defendant D Co., Ltd is a corporation that provides food service consulting, franchise business, etc., and theO is the representative of the Aice C Co., Ltd. located in Yongsan-gu, Seoul.

A person who intends to operate a livestock product processing business (oil processing business) shall obtain permission from the competent Mayor/Do Governor for each place of business, as prescribed by Ordinance of the Prime Minister, and shall not sell products treated, processed or manufactured by a person who has not obtained such permission.

1. On January 28, 2013, Defendants A, B, and C conspired with theO to produce and sell “Turkey” at the office of the said D Co., Ltd., and after closing the said Q, at the unauthorized workplace of Q Q, the said Defendants conspired to produce and sell “Turkey” at the unauthorized workplace of Q.

around June 4, 2013, the Defendants conspired to manufacture a livestock product processing business (oil processing business) at the workplace in Q Q, without obtaining permission from the Mayor/Do Governor, and around that time sold to unspecified customers in Q Turkey, etc. from January 28, 2013 to June 8, 2014, the Defendants sold a total of KRW 5,704,112 Kg of Q Turkey’s total amount of KRW 313,720,00 per gambling year, including sales of the said M, etc. to unspecified customers. < Amended by Presidential Decree No. 24447, Jun. 4, 2013; Presidential Decree No. 25075, Jun. 3, 2014>

2. Defendant D Co., Ltd. committed the same offense as that set forth in paragraph (1) in relation to the business of D Co., Ltd. at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect against the defendant A or C by the prosecution;

1. Statement of suspect interrogation against the Defendants

1. Statement of the police statement regarding C;

1. Each statement of A and R;

1. Records of seizure; and