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(영문) 제주지방법원 2016.05.13 2016고정192

축산물위생관리법위반

Text

Defendants shall be punished by a fine of KRW 300,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative of B Co., Ltd. in Jeju City D and Defendant B Co., Ltd is a corporation established for the purpose of livestock product processing business, etc.

1. In relation to the names, manufacturing methods, ingredients, dietitians, raw materials, uses, quality, and packaging of livestock products, no business operator who manufactures, processes, or sells livestock products shall place any indication or advertisement that is likely to mislead consumers to believe that such products are not certified without obtaining safety control certification (HCCP), and no business operator who manufactures, processes, or sells livestock products shall place any indication that such products are not used for food additives, such as synthetic preservation fees and coloring so as to prevent them from being used in the relevant food, and make any indication that consumers mistake or confuse such products;

Nevertheless, from October 26, 2015 to November 1, 2010 of the same year, the Defendant sold “G” products produced from F, a company that did not obtain safety management certification for milk processing business, on the Internet homepage (E) operated by the said company, and indicated “HCCP” at the bottom of the website, and indicated that it is likely to mislead the Defendant into being certified for safety management, and indicated the “G” products, the preservation fees of which are prohibited, as “non-permanent control.”

2. Defendant B, who is an employee of the Defendant, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. As a result of joint inspection of accusation, false labelling, joint inspection of exaggerated advertisements, investigation report (verification of advertising content on the B website and attaching photographs), investigation report (as to confirmation of whether the HCC-certified business establishment is concerned);

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

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

A. Defendant A: Articles 45(3) and 32(1) of the Sanitary Control of Livestock Products Act; selection of fines

B. Defendant B stock company: Articles 46, 45(3), and 32(1) of the Sanitary Control of Livestock Products Act

1. Defendant A to be detained in a workhouse;