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(영문) 대전지방법원 홍성지원 2017.01.11 2016고단727

식품위생법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who sells salted fish, etc. with the trade name “D” in Seocheon-gun, west-gun C, the residence of which is the Defendant.

1. No person shall sell foods manufactured or subdivided for sale or store foods for the purpose of sale, by any person who fails to report a subdivision or subdivision of foods to the competent authority;

Nevertheless, without reporting to the competent authorities from August 2015 to September 27, 2016, the Defendant subdivided approximately 1,501km up to KRW 11,501km (up to KRW 20,122,00 in total market price) of the 11 kinds, such as deep-sea sled fish, purchased from E, and sold them to consumers in name, and stored approximately 2,192km (up to approximately 22,69,50 in total market price) in the freezing warehouse by subdividing up the total of 9 kinds, such as the instant temporary, domestic spoleted fish, purchased from the above E at the same time, and at the same place.

As a result, the Defendant, without reporting the subdivision of food to the competent authorities, subdivided approximately 3,693kg of the total of 11 kinds, such as salted sled fish with China, into approximately 42,818,50, and sold or stored for the purpose of sale.

2. Any person who intends to pack or sell unreported foods by dividing them into finished products of foods or food additives, shall report such fact to the competent authorities, etc.;

Nevertheless, the Defendant, without reporting to the competent authority from August 2015 to September 27, 2016, purchased approximately 3,693km of 11 kinds, such as 11 in the place described in paragraph (1), including the sporesponding in Korea, from E, and subdivided it into approximately 12,00,000 won, and then sold or stored about 12,000 won in the sporesporesponding area among them.

3. Any person who conducts a business selling unreported foods shall report to the competent authorities, etc. in order to conduct the business of distributing and selling food or food additives using his/her own trademark without providing or processing food or food additives by himself/herself;

Nevertheless, the Defendant.