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(영문) 인천지방법원 2016.03.25 2015고정3781

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Foods, etc. whose standards for labeling are determined shall not be sold, imported, displayed, transported, or used for business for the purpose of sale unless they are indicated in compliance with such standards.

Nevertheless, the Defendant, while operating the food manufacturing and processing business of kimchi in the Nam-gu Incheon Metropolitan City as “D”, kept in a state where there is no indication that meets the standards for 34 stuffs, total 19 gambling, and abandoned kimchi 16 gambling, which was produced around October 6, 2015 at the above D 1st floor cooling room around October 3, 2015, and kept in a state where there is no indication that meets the standards for 50 ggggg of the side kimchi produced around October 5, 2015 in the second floor cooling room, and used it for the purpose of selling food with no indication that meets the standards.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on commencement of internal investigation and report on internal investigation (the process of the detection of this case);

1. Application of Acts and subordinate statutes to exposed field photographs;

1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 10 (2) of the Food Sanitation Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;