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(영문) 대전지방법원 2020.12.10 2020고단3537
식품위생법위반등
Text

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

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Criminal facts

1. Any person who intends to import and sell imported foods in violation of the Special Act on Imported Food Safety Control shall file for registration with the Minister of Food and Drug Safety;

Nevertheless, from around September 25, 2019 to December 3, 2019, the Defendant imported trawlslles, b, and c from his own place of residence, and sold them through the Internet homepage (E) of the trade name “D” that he/she operates, and did not register the business with the Minister of Food and Drug Safety.

2. Where any business operator violating the Food Sanitation Act intends to import imported foods, etc. for sale or for commercial purposes, he/she shall file an import declaration with the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister, and no one shall sell, collect, manufacture, import, process, use, cook, store, transport or display such imported foods, etc., the import of which is prohibited or imported foods without filing an import declaration;

Nevertheless, on September 25, 2019, from around December 3, 2019 to around December 3, 2019, the Defendant purchased 150 trawl snow diesel from the name influor, and imported 850 trawl diesel, 250 trawl diesel, and 150 trawl diesel from the purchasing agency without filing an import declaration, and sold among them to many unspecified customers through the Internet homepage mentioned in paragraph (1).

Summary of Evidence

1. Receipt of the defendant's legal statement, details of sales of D (A), and application of Acts and subordinate statutes on details of violation;

1. Failure to comply with registration of imported foods and sale business under Article 42 of the relevant Act and Article 42 subparagraph 1 of the Special Act on Imported Foods Safety Control, which are subject to the option of punishment, and Articles 15 (1) and 14 (1) 1 of the same Act;

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