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(영문) 서울북부지방법원 2014.11.25 2014고정2354
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

If necessary for national health, the Minister of Food and Drug Safety may determine and publicly announce standards for the labels of foods or food additives for sale, and no one shall sell foods, import, display, transport, or use for business, foods, etc., the standards for labels of which are determined, unless they are indicated in compliance with such standards, and no one shall indicate or advertise foods, etc. differently from facts or exaggeratedly with regard to the names, manufacturing methods, quality and nutrition labelling, genetically modified foods, etc

Nevertheless, in collusion with wife D, from January 2014 to June 2014, the Defendant intended to sell the waived kimchi created in Seongbuk-gu Seoul Metropolitan Government E, as kimchi created at the house of Pakistan, and sold Kimchi 3,250 kggs to 461 consumers, as if it were to put in apartment densely in Seoul Special Metropolitan City, Nowon-gu and Seongbuk-gu, in an apartment concentration area including Seoul Special Metropolitan City, Nowon-gu, and Seongbuk-gu, “100% of fingers in Korea and directly put in home. The low-income kimchi is trusted and selected. The Defendant will create the most clean kimchi in the world.” The Defendant returned and falsely advertised the former part of the name, “I would create the most clean kimchi in the world.” The Defendant put the waived kimchi created in the test vinyl and sold it to 461 consumers without any separate food indication.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation;

1. Investigation reports (calculated of the submission ofC data and the calculation of sales volume);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant legal provisions concerning criminal facts, Articles 95 subparag. 1 and 13(1)2 of the Food Sanitation Act (the point of a wrongful advertisement), Articles 97 subparag. 1 and 10(2) of the Food Sanitation Act (the point of a sale of food without labelling standards), the selection of fines;

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

1. Detention at a workhouse;

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