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(영문) 서울서부지방법원 2016.01.14 2015고단2393

식품위생법위반등

Text

Defendant

A Imprisonment for 10 months, and Defendant B’s agricultural partnership shall be punished by a fine of 5,00,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A As the representative director of an industrial chain “B farming association corporation”, A is a person operating the said corporation. Defendant B farming association is a corporation established for the purpose of processing and selling agricultural products.

1. Defendant A

(a) Violation of the Food Sanitation Act 1) The manufacturer or processor of food, such as the failure to prepare working records and documents related to the receipt and delivery of raw materials, shall prepare documents related to the production and work records, and documents related to the receipt and delivery of raw materials and the transaction records of goods, and keep them for three years from the date of the last entry;

Nevertheless, during the period from January 2015 to August 24, 2015, the Defendant did not prepare documents related to the production and work records for each product and documents related to the receipt and delivery of raw materials and the transaction records of the product while manufacturing D, E, F, and G in the factory of “B agricultural partnership” from January 2015 to August 24, 2015.

As a result, the Defendant violated the code of practice of the industrial manufacturer.

2) A person who manufactures or processes food, such as the sale of rice tea products and the storage, etc. for sale after the expiration of the distribution period, shall not display, store or sell products, the distribution period of which has expired, for sale purposes, or use such products for manufacturing or processing food, etc.

Nevertheless, the Defendant manufactured the instant “B Agricultural Partnership” from January 30, 2015 to February 13, 2015; however, the remainder of the distribution period (30 days from the date of production) remaining in inventory and sold to H, etc. a total of KRW 44,00 in the market price of 148 organic rice farm products (30 days from the date of production), and (b) the Defendant remains in inventory from February 2014 to August 1, 2015 to the said “B Agricultural Partnership” during the distribution period (30 days from the date of manufacture) and remaining in inventory from the said “GG” to the “B Agricultural Partnership Corporation” (30 days from the date of manufacture).