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(영문) 대전지방법원 2018.10.16 2018고정19
식품위생법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

However, the execution of the above fine for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who subdivides and sells frozen fishery products in the name of Jung-gu Seoul in the large exhibition.

According to relevant laws and regulations such as the Food Sanitation Act, food whose standards for labeling are prescribed shall not be sold unless it is marked in compliance with such standards, and food which is packaged with liquid or ices discarded before taking in, shall be marked with the weight of food excluding liquid, and the permissible error range between the quantity indicated on the container and package and the actual quantity is defined as 15 g above 50g.

Nevertheless, from April 2014 to March 20, 2017, the Defendant subdivided the crypary food into rhythm of sea products, such as freezing, bruing, singinginging, red sing, red singing, etc., from the said D workplace, and marked an important weight related to quality, and then, indicated the weight of a material fact related to quality, the Defendant corrected a part of the facts charged ex officio to the extent that the hym of sea water containing ice, without indicating 615gg in actual weight, by measuring the gym of 800g ghym of sea water, exceeding the permissible error of 15g in actual quantity, to the extent that it does not interfere with the Defendant’s exercise of his/her right to defense.

In this way, approximately 84 million won was subdivided into rhym foods with approximately 84 million won for the above period and supplied them to the large marina, Cheongju, electric poles, etc.

Accordingly, the Defendant sold food with the actual quantity indicated differently from the actual quantity indicated.

Summary of Evidence

1. A written accusation (the head of the Taeduk District Office);

1. As a result of the inspection, replies, collection certificates, test marks, fishery products inappropriate for freezing, and D public notices;

1. Application of the witness E’s partial legal statement statutes;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 97 of the Food Sanitation Act and Article 10 (2) of the same Act (in cases of violation of labelling standards), and selection of fines;

1. Article 62(1) of the Criminal Act provides that a person who has been engaged in a business in good faith after 2005 is actually engaged in the business.

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