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(영문) 수원지방법원 안산지원 2015.09.03 2015고단1858

식품위생법위반

Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Reasons

Punishment of the crime

1. No food, the standards for marking of defendants A shall be sold, imported, displayed, transported, or used for business, unless the standards are indicated;

Nevertheless, from September 1, 201 to May 18, 2015, the Defendant operated food manufacturing and processing business in the name of “stock company B” in the building D located in Ansan-si, Ansan-si, and sold products produced by the said company without indicating matters concerning food labeling, such as the name of food, the name of the business place, and the date of manufacturing.

2. The Defendant B, a representative director, sold products produced by the Defendant Company, without indicating matters concerning food labeling, such as the name of food, the name of the business place, and the date of production, as prescribed in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each of the Acts and subordinate statutes written in criminal reports (violation of Food Sanitation Act), written confirmation, business notification certificates, and reports on the manufacture of food items, the certified transcript of corporate register, and investigation reports (public sale data-value added tax base certification sources); and

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

A. Defendant A: Selection of a fine, including Article 97 subparag. 1 and Article 10(2) of the Food Sanitation Act

(b) Defendant B: Articles 100, 97 subparag. 1, and 10(2) of the Food Sanitation Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act do not distribute urban village products produced by Defendant A for the sentencing of Article 334(1) but are not distributed at the general commercial store, but at the same time delivered to the child at the end, there is no danger, such as the distribution time limit and the degree of danger, etc., of the products, and it is found as a result of the food inspection that the sanitary situation is adequate. The circumstance leading the Defendant to the instant crime