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(영문) 부산지방법원 동부지원 2015.12.03 2015고정1092

식품위생법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is operating a single house called C in Busan Shipping Daegu B and the first floor.

No one shall possess, distribute, process, keep, or sell fishery resources captured and gathered in violation of an order issued under the Fisheries Act or products thereof, and no one shall sell foods, etc. manufactured, processed, subdivided or sold by any person, other than business operators under the Food Sanitation Act, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such fishery resources or foods for sale.

Nevertheless, around April 11, 2014, the Defendant purchased approximately KRW 2 kg of 96,000, which was illegally captured from D, not a business operator under the Food Sanitation Act, and sold it to customers in the above restaurant.

Summary of Evidence

1. Partial statement made by the defendant in this Court;

1. Statement of the suspect interrogation protocol of the accused prepared by the police;

1. Entry of an investigation report (in cases of attachment, such as a written judgment, etc.) prepared by the prosecution;

1. To enter an investigation report (a copy of the transaction account book) prepared by the police;

1. Application of the Acts and subordinate statutes in which a business report certificate (Evidence No. 32 pages of evidentiary records) is entered;

1. Subparagraph 1 of Article 64, Article 17 of the former Fishery Resources Management Act (amended by Act No. 13270, Mar. 27, 2015); Article 94(1)1, and Article 4 subparag. 7 of the former Food Sanitation Act (amended by Act No. 12496, Mar. 18, 2014);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a crime of violating the Food Sanitation Act of heavier punishment);

1. Selection of an alternative fine for punishment;

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

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