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(영문) 청주지방법원 영동지원 2021.03.25 2021고정12

식품위생법위반

Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “B”) is a corporation established for the purpose of manufacturing, processing, distributing, and selling food in the Chungcheong-dong C, Chungcheong-gun C, and Defendant A is the representative director of Defendant B.

1. In cases of foods or additives, the standards and specifications of which are determined according to the notification and approval of the Minister of Food and Drug Safety, Defendant A shall be manufactured, imported, processed, used, cooked, or preserved in accordance with such standards, and no person shall sell foods or additives that fail to meet such standards and specifications, or manufacture, import, process, use, cook, cook, store, subdivide, transport, preserve or display such foods or additives for sale;

Nevertheless, the Defendant, while engaging in the business of manufacturing, distributing, and selling B products of "250 g of strong dust (gold metal) 250 g", which are other processed products, sold metal products of "250 g of strong dust (gold scrap) 250 g of strong dust (standard: less than 10.0 g/km) in the process of manufacturing food, despite the Defendant’s sanitary management of metal scrap (which is less than 10.0 g/km) at around September 10, 2020, in violation of this, the Defendant sold metal scrap products of "250 g of strong dust (gold metal scrap)" contained in this 12.57 g/km.

2. Defendant B, the representative of the Defendant, committed the above violation in relation to the Defendant’s duties at the above time and place.

Summary of Evidence

1. Each legal statement made by the defendant A and the representative director A of the defendant B;

1. Application of Acts and subordinate statutes concerning public notices, photographs of violated products, copies of test or inspection results, copies of collection certificates, copies of credit card sales slips, copies of a report on manufacturing items of food, copies of a report on manufacturing items of food, copies of main facts, photographs of violated business places, sites of photography, copies of entrusted contracts for manufacturing and supplying food;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Subparagraph 1 of Article 95 of the Food Sanitation Act, Article 7(4) and Article 7(1) of the Food Sanitation Act, the selection of fines

B. Defendant B: the main sentence of Article 100 of the Food Sanitation Act, Article 95 Subparag. 1, and Article 7.