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(영문) 대전지방법원 2016.05.26 2016고정379

식품위생법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A personally purchased kimchi finished products and stored in the cooling house installed in the residence, and sold kimchi in group meals, etc., and Defendant B is a retailer who sells kimchi, etc. with D' for items such as health assistive food and miscellaneous food from December 1, 2010 to the head of the Daejeon District Tax Office from December 1, 2010.

A person who intends to operate a business selling food in a group of meal facilities shall report to the Minister of Food and Drug Safety or the head of the competent Gu.

However, from December 1, 2011 to November 16, 2015, Defendant A operated a business selling kimchi worth KRW 170,446,000 in total to a restaurant of “F Hospital”, a group of meals in Seo-gu Daejeon, Daejeon, without reporting the business of selling food of group meal facilities.

Defendant

B From November 17, 2015 to December 21, 2015, from the above F Hospital group meal service facility without reporting the food sales business of group meal service facilities, B run the business of selling kimchi worth KRW 3,701,000 to the above F Hospital group meal service facility.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of statutes governing field inspection and control photographs;

1. The Defendants: Article 97 Subparag. 1, Article 37(4), and Article 36(1)1 of the Food Sanitation Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act