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(영문) 인천지방법원 2014.10.23 2014고단6023

축산물위생관리법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2014, the Defendant is a person who operates a livestock products seller company with the trade name of “stock company D” in the 1st floor building in Bupyeong-gu, Seocheon-gu, Seoul.

1. No person shall sell livestock products, the expiration date marked on which has passed, or treat, process, pack, use, import, store, transport or display such products for sale;

Nevertheless, around May 2, 2014, the Defendant: (a) at the livestock product processing business operator (ju)G operated by F in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) at the time when the Defendant was unable to sell all of the products until January 20, 2014, the distribution deadline on which the Defendant used to purchase KRW 10,000 per kilogram-gu, Incheon, for the said products; and (c) sold 32 gamblings 480km products to the said F at a price low to the customer and at the same time thereafter, the Defendant sold the products to the said F at KRW 8,000 per kilogram-g.

Accordingly, the Defendant sold livestock products with the expiration of the distribution period.

2. No business operator of livestock products sales business and his/her employees shall store or sell the frozen meat with freezing it;

Nevertheless, around May 2, 2014, the Defendant, at the foregoing D office, sold 32 boxes 517.7kg (on May 1, 2014, a unit price of KRW 1kg 3,800, a supply price of KRW 1,967,260) from the air conditioners to the air conditioners, and stored the friger with the air conditioners at the I store located in Busan-dong, Busan-gu, Busan-si, on May 7, 2014, after which the Defendant sold the friger 68.9kg (unit price of KRW 1kg4,000, supply price of KRW 275,600) after the friger friger cling.

Accordingly, the Defendant violated the business operator’s code of practice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect to J;

1. Detailed statements of each transaction, the ledger of the transaction, and each photograph thereof;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 45 (1) 7 of the Livestock Products Sanitary Control Act for facts constituting an offense and Article 45 of the Act on the Selection of Penalties;