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(영문) 대구지방법원 서부지원 2016.10.14 2016고단1741
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Any person who intends to operate a livestock product sales business not reported shall be equipped with facilities suitable for business, as prescribed by Ordinance of the Prime Minister, and shall report thereon to the Governor of a Special Self-Governing Province or

The Defendant, without filing a report from September 1, 201 to July 7, 2016, installed the relevant facilities, such as freezing warehouses, in the Daegu-gu Seo-gu D, Daegu-gu, with the trade name of “C”, and sold livestock products for the said period, with E, F, G, and H as an employee, and sold livestock products worth KRW 25.16,145,859 in total.

2. No person who is prohibited from making false labelling, etc. shall place any indication or advertisement that may deceive, mislead or confuse consumers with respect to the names, manufacturing methods, ingredients, dietitians, raw materials, uses and quality of livestock products, packaging of livestock products, and processed livestock products traceability;

On May 2012, the Defendant: (a) manufactured an order with labels marked with the Safety Control Certification (HCCP) as if the Defendant had not obtained the safety control certification (HCCP) from the Livestock Products Safety Control Certification Board; (b) printed them into the printing machine to “C”; (c) sold the livestock products with false indication of KRW 1,396,410 on the “I”; and (d) sold them on June 2016, as indicated in the attached list of crimes, by June 71, 2016, with false indication of KRW 20.17,087,369, total amount of KRW 771 times as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect with respect to E, F, G, and H;

1. Each police statement to J and K;

1. Investigation reports (Attachment of a list of total account statements by customer);

1. Application of relevant Acts and subordinate statutes, such as labels (on-site photographs, etc.);

1. Relevant Articles 45 (3) 2, 32 (1) 3 ( point of false labelling), 45 (6) 9, and 24 (1) ( point of sales of unreported livestock products) of the Livestock Products Sanitary Control Act concerning facts constituting an offense, and choice of imprisonment;

1. Aggravation for concurrent crimes;

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