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(영문) 광주지방법원 2017.06.08 2017고정265
농수산물의원산지표시에관한법률위반등
Text

Punishments against the Defendants shall be prescribed by each fine of KRW 2,00,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is the representative of the mutual legal entity, which is a corporate chain B in Gwangju Mine-gu, and is the representative who operates a cafeteria in the E-gu.

A food entertainment business operator shall not keep raw materials or finished products, the distribution period of which expires, for cooking and selling purposes, or use such materials or finished products for cooking and selling food.

In addition, a person who sells or provides one agricultural and fishery product or the processed products thereof after cooking shall not make a false label or make an indication that may cause confusion with the original label.

Nevertheless, the Defendant did not state the date and time of the crime of violating the Food Sanitation Act and the period of distribution of food in the indictment around November 3, 2016. However, according to the investigation records (see Articles 5 and 8 pages), the date and time of detection is around November 17, 2016. The distribution period is up to April 21, 2016 in China, and up to October 15, 2016 in China. Thus, the Defendant’s indictment is ex officio corrected to the extent that it does not interfere with the Defendant’s right of defense.

In the operation of the Dispute Resolution Co., Ltd., two kinds of food ingredients (not later than April 21, 2016, until the expiration date of distribution in China, and until October 15, 2016, up to the expiration date of distribution in the food warehouse in the business place) for cooking for the purpose of cooking in the food warehouse. In addition, from April 19, 2016 to November 1, 2016, after being ordered six times by the head office of the Dispute Resolution Co., Ltd. and being supplied six times from the supply of domestic kimchi (220 g), after cooking and making soup in the E-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

As a result, the Defendant violated the Food Sanitation Act by storing food with expiration of the distribution period for cooking, and the place of origin labeling attached to the place of business.

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