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(영문) 대전지방법원 공주지원 2018.07.20 2018고단234

식품위생법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C, D, E, F, and G are those who collect and sell intermediate domestic agricultural products, which are brought in China from the world of China in the international passenger terminal of Incheon Port 2, and which are the persons who run wholesale and retail business of agricultural products; the Defendant, H, and I are those who run wholesale and retail business of agricultural products; and the J is an intermediate collection and sale of domestic agricultural products from those who purchase and sell Chinese agricultural products (one 'one ') imported from the world-to-door Port and the Incheon International Passenger Terminal.

A) The person is a person.

No one shall sell foods imported without filing an import declaration, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods for sale.

On January 8, 2016, the Defendant purchased middle-sea shoulder 1,375km from D, etc. imported without filing an import declaration with the Defendant’s L of the Cheongyang-gun, Cheongyang-gun, and sold 7,287,500 won to the seeds and retail stores in the Cheongyang-gun area. From around that time to October 16, 2017, the Defendant sold a total of 99,890 kilograms of domestic agricultural products (sale price of KRW 497,617,00) domestically produced agricultural products (sale price of KRW 497,617,000) that had not been filed by the same method nine times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each protocol to examine the suspect of the prosecution against D or C;

1. Application of Acts and subordinate statutes to investigation reports (the details and quantity of delivery at home);

1. Relevant Article 94 (1) 1 and Article 4 subparagraph 6 of the Food Sanitation Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. The reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are very large in quantity of agricultural products sold by the Defendant and the period of sale is also long.

However, considering the fact that the actual gains of the defendant are not many, the fact that the defendant recognized a mistake and reflects the defendant, and there is no record of criminal punishment for about 40 years.