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(영문) 수원지방법원 2015.08.20 2015고정1762

축산물위생관리법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the president of the corporation B who runs the livestock products sales business located in Ansan-si.

Livestock products whose expiration date indicated on livestock products in accordance with Article 33 (1) 8 of the Livestock Products Sanitary Control Act shall not be sold or treated, processed, packaged, used, imported, stored, transported or displayed for sale.

Nevertheless, on February 12, 2015, Defendant A sold 58,000 won to 1 boxes even after the expiration date of the distribution period of 7 days or more for 10 but at the same time, Defendant A received 58,000 won in 1 boxes, a cnivers of freezing (name: shot shot shotfafafafafafafafafaf) that is the processed meat products, until February 5, 2015, at general restaurants (business operators E) located in Suwon-si C.

2. Defendant B Co., Ltd. is a corporate entity specialized in the sale of meat (e.g., swine meat) at the time and at the place specified in the preceding paragraph, and the representative A delegated the Defendant’s business at the time and place specified in the preceding paragraph neglected due care and supervision over the pertinent business in order to prevent the Defendant’s act of violation.

Summary of Evidence

1. Defendants’ respective legal statements

1. An investigation report (report on the enemy) and E statements, specifications of transactions, and field photographs;

1. Copy of business registration certificate and certificate of completion of report;

1. Application of the Extradition Report Act

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 45(1)7 and 33(1)8 of the Livestock Products Sanitary Control Act; selection of fines

(b) Defendant B: Articles 46, 45(1)7, and 33(1)8 of the Livestock Products Sanitary Control Act

1. Defendant A at 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