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(영문) 인천지방법원 2017.03.02 2016고단8951

식품위생법위반

Text

Defendant

A Imprisonment with prison labor for eight months and for ten months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall sell foods, etc. for which an import declaration has not been filed, or gather, manufacture, import, process, use, cook, transport or display such foods for sale.

Nevertheless, the Defendants were willing to purchase used domestic agricultural products imported without filing an import declaration with the Minister of Food and Drug Safety on board international passenger ships E, which are between China's harmful port and Incheon port, and sell them to merchants in Korea.

The Defendants purchased domestic agricultural products equivalent to 305 kilograms, such as 45 km, 45 km, 45 km, 40 km, and 405 km, imported from the International Passenger Terminal Head of Jung-gu Incheon, Jung-gu, Incheon, at around December 12, 2016, without filing an import declaration with the Minister for Food and Drug Safety in accordance with the aforementioned public invitation. From around December 2, 2015 to December 12, 2016, the Defendants purchased domestic agricultural products of a total amount of 134 km, such as shoulders, ground, 33,55 km, etc. imported from the Minister for Food and Drug Safety without filing an import declaration with the Minister, and sold agricultural products of a total of 32 km,685 gg, and sold domestic products to the Minister for Food and Drug Safety; the Defendants sold domestic products of a total of 134 g, 2019 g, and sold domestic products to the Minister for Food and Drug Safety.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of the suspect against the defendant B by the prosecution;

1. A protocol concerning the examination of suspects of G and H by the prosecution;

1. A written statement of the G production;

1. Application of the Acts and subordinate statutes concerning registration registers of motor vehicles, vehicle photographs, photographs of warehouses, agricultural products photographs, field photographs, registers, certified copies of registers, entry records, photographs of account sheets, and the investigation reports;

1. Relevant Article 94(1)1 and Article 4 Subparag. 6 of the Food Sanitation Act, Article 30 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The Criminal Code for the Aggravation of Concurrent Crimes

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