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(영문) 서울북부지방법원 2016.01.15 2015고정1777
식품위생법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of Gangdong-gu Seoul Metropolitan Government Co., Ltd. and C is a corporation established for the purpose of wholesale and retail business.

No one shall sell foods, etc., the standards for labeling of which are determined, or import, display or transport such foods for sale or use them for business unless the standards are indicated.

Nevertheless, the Defendant, at around March 11, 2014 and around March 26, 2014, sold 115,50,000 won to G members of FF directors of Co., Ltd. located in E, without indicating “D’s expiration date or quality maintenance period” as indicated in the food, drug, etc. labelling standards publicly notified by the Minister of Food and Drug Safety, and sold “D” products indicating “within 24 months from the date of production” without indicating “within the period of distribution or quality maintenance” as indicated in this Article.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Investigation report (Report on confirmation of descriptions of “D”) and product photographs;

1. Investigation Report (Report on Entry into D' purchased from the representative A of the G C(State) and the application of Part II of the transaction details to the Acts and subordinate statutes

1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 10 (2) of the Food Sanitation Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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