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(영문) 수원지방법원 2013.12.05 2013고정2843

식품위생법위반

Text

Defendants shall be punished by fine 1,500,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a company that manufactures and processes agricultural and fishery products in Suwon-si C and engages in wholesale and retail business, and the defendant A is the representative of the corporation B.

1. Defendant A foods shall be manufactured, imported, processed, used, cooked, or preserved in accordance with the standards and specifications publicly notified by the Minister of Food and Drug Safety, and foods which fail to meet the standards and specifications shall not be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved, or displayed for sale, and foods deemed inappropriate for food purposes by the Minister of Food and Drug Safety shall not be used as raw materials;

Crykes shall not be used as raw materials for food, since they are deemed inappropriate for food unless they remove head and seed coats by the Minister of Food and Drug Safety.

Nevertheless, on September 5, 2008, from around February 12, 2013 to around February 12, 2013, the Defendant purchased crykes, which were frozen, from D Co., Ltd., and processed them without removing their hairs and coatss, and subdivided them into an Internet shopping mall such as E, etc., and sold a total of KRW 1,571.5km to many unspecified persons in total amount of KRW 23,329,00.

2. Defendant B, the representative of Defendant Company, from September 5, 2008 to February 12, 2013, committed the same offense as paragraph (1) in relation to the business of Defendant A.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. Report on domestic arrival and receipt of internal investigation, report on internal investigation (assessment of hazardous elements in Cryrys and confirmation of a sales contract), review and reply to each question, detailed statement of transaction, customer head, Internet product sales, Internet product sales, full certificate of registered matters, and investigation report (as to revision of facts of crime and disposal of seized articles);

1. Records of police seizure and list of seizure;

1. Application of the E-site photographs, product photographs, and field photographs, B-site photographs;

1. Relevant Articles of the Criminal Act and the choice of punishment for the criminal facts;