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(영문) 의정부지방법원 2017.12.18 2017고단4474
식품위생법위반
Text

A defendant shall be punished by imprisonment for six 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 is engaged in food manufacturing and processing business under the trade name “D” in the two weeks of Gyeonggi-do.

1. Where a business operator transfers his/her business to another person, dies, or where a corporation is merged, the transferee, the heir, or the corporation surviving the merger or established by the merger shall succeed to the status of the business operator, and the person who succeeds to the status of the business operator as above shall report such fact to the competent authority within one month;

Nevertheless, on June 17, 2016, the Defendant, at the time of the foregoing D’s acquisition of all of the above D’s business facilities from E, a business operator, had E operate the business even if he received the above D’s transfer. From January 17, 2017, the Defendant operated the said D’s operation, but failed to file a report with the competent authority within one month.

2. No person who manufactures or processes foods shall subdivide, transport, display or keep products, foods or raw materials thereof, the distribution period of which expires, for cooking or selling, or use such products, foods or raw materials for sale or for manufacturing or processing food;

Nevertheless, from March 2, 2017 to May 22, 2017, the Defendant manufactured “F” 21,350 g, the type of breabbb, which is the type of breab, and sold “G” 8450 g to KRW 76,00,00,000, using Madin, the distribution period of which has elapsed (from March 1, 2017 to March 1, 2017), and stored “F” 21,350 g, and “G” 8,450 g, which is the type of breabbbb, in the above D workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E;

1. Investigation reports, the current status of commodities sold, field photographs, copies of a business report, descriptions of a contract for trade of business facilities with the former business owner, and the application of video-related Acts and subordinate statutes;

1. Article 97 Subparag. 1, Article 39(3) of the Food Sanitation Act (which means a failure to report the acquisition of a business), Articles 97 Subparag. 6 and 44(1)3 of the Food Sanitation Act (which means a failure to report the acquisition of a business), each of the facts constituting an offense, as well as Article 97 Subparag. 3 of the Food Sanitation Act.

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