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(영문) 서울중앙지방법원 2014.05.16 2013고정6707

식품위생법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From September 10, 2013, the Defendant: (a) from around September 10, 2013, installed one guest room, table 9, cooling house, cooking apparatus, etc. in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and (b) operated a medium-type general restaurant with Chinese food cooking and selling it to Korean nationals, Chinese residents, and Chinese residents, etc.

1. No one shall sell foods, etc. imported without filing an import declaration, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale;

Nevertheless, from September 13, 2013 to October 8, 2013, the Defendant sold food additives using domestic food additives to be kept in tax base and food cooking, among domestic food additives imported without filing an import declaration on the principal food materials display unit from the restaurant “D” in the management of the Defendant from around September 13, 2013 to around October 8, 2013.

Ultimately, the Defendant used and aided the food additives imported without filing an import declaration for sale purposes.

2. A food service business operator shall not keep raw materials or finished products, the expiration date of which has expired, for the purpose of cooking and selling, or use them for cooking food.

Nevertheless, from September 13, 2013 to October 8, 2013, the Defendant stored the products of the above 'flag-AAA', which are domestic food additives, for the purpose of cooking and selling Chinese food, and used them for cooking and selling Chinese food, on September 2, 2013, on the top of the distribution period (manufacturing date: September 3, 2012; 1 year) from the restaurant of “D” to the main food material display unit.

After all, the Defendant stored the “flag-AA” for cooking and selling, or used it for cooking food, for which the circulation period has expired.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and F;

1. Records of seizure and the list of seizure;

1. The application of the Acts and subordinate statutes of the investigation report (related to attachment of field photographs) and a copy of the business report.