beta
(영문) 전주지방법원 정읍지원 2016.06.07 2016고단131

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who intends to engage in the business of manufacturing, processing and selling food as seat shall report to the head of the Food and Drug Safety Agency or the head of the Si/Gun/Gu having jurisdiction over the branch office or the head of the Si/Gun/Gu, as prescribed by Presidential Decree.

Nevertheless, from July 1, 2013 to February 1, 2016, the Defendant, without reporting to the competent authorities, installed four sugar machinery in the Defendant’s house storage located in the former Northwest-gun B, the Defendant manufactured sap, sap, and sold to an unspecified number of customers an annual sales of KRW 20 million (50,000,000,000,000,000,000 to an unspecified number of customers.

Accordingly, the defendant was engaged in a spot-sale manufacturing and processing business without reporting it.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation;

1. A transportation invoice and a sales account book;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 97 of the Food Sanitation Act and Article 37 (4) of the same Act concerning selective punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order shall be determined by a fine in consideration of the fact that the defendant admits and reflects his mistake, and that there is no same criminal history, etc.; and the punishment shall be determined as ordered in consideration of all the circumstances, including the period of business without reporting, size and facilities of business and sales, the amount of sales, and the circumstances of crimes