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(영문) 대구지방법원 서부지원 2017.05.19 2016고정1163
식품위생법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who manufactures food and operates C Co., Ltd., an agricultural corporation under industry chain.

1. No person shall use additives that are chemical synthetics and substances containing such chemical synthetics, the standards and specifications of which are not determined and supported by the public notification of the Ministry of Food and Drug Safety and substances containing such chemical synthetics as food additives, in violation of the Food Sanitation Act (use of chemical synthetics not supported by the standards and specifications);

Nevertheless, on June 20, 2016, the Defendant manufactured a chemical synthetic acid, which is a chemical synthetic product not supported by the standards and specifications in the notice of the Ministry of Food and Drug Safety, at a agricultural corporation located in Sung-gun, Sung-gun, Sung-gun, Gyeong (Seoul) around 2016, by adding it to kilograms 291.7mg.

2. No person who manufactures or processes foods in violation of the Food Sanitation Act (storage of raw materials after the expiration of the distribution deadline), nor his/her employees shall subdivide products, foods or raw materials thereof for cooking and selling, transport, display or keep them for the purpose of cooking and selling, or use them for the manufacture or processing of foods, in order to maintain sanitation control and order in business, and promote public health;

Nevertheless, on August 30, 2016, the Defendant, as a producer or processor of food at the places indicated in paragraph (1) around August 30, 2016, stored in the cooling house for the purpose of using the extraction of seeds of monmon on March 16, 2013 for the manufacture of food.

Summary of Evidence

1. Partial statement of the defendant;

1. Reports on internal investigation (related to response to requests for appraisal by the National Institute of Scientific Investigation) and each investigation report (to hear statements by telephone from persons in charge of food and drug management);

1. Application of Acts and subordinate statutes to a criminal investigation report (to keep a photographic file of a self-region extraction after expiration of the distribution deadline), investigation report (to hear statements by the police in charge

1. Selection of a fine under Article 94(1)1, Article 6 Subparag. 1, Article 97 Subparag. 6, and Article 44(1)3 of the Food Sanitation Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act to attract a workhouse;

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