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(영문) 대구지방법원 2016.06.29 2016고단1608
식품위생법위반
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 30 million won, respectively.

Defendant

C. Defendant .

Reasons

Punishment of the crime

Defendant

A is the representative director of B, which is located in H at the time of literature, and the defendant B is the corporation that aims at the direct sales, distribution processing, and export of special products, such as agriculture, forestry, and livestock industry.

1. Defendant A

(a) No person who violates the prohibition of false labelling shall indicate or advertise foods, etc. differently from facts or exaggeratedly in labeling the name, method of manufacturing, quality or nutrition labelling, date of manufacturing, or the distribution deadline;

However, on March 17, 2015, the Defendant instructed employees, such as B, and I, at the office of a partnership corporation, to make a false indication of the distribution period of the product distribution amounting to KRW 421,36,00 (38,306 sick, 500 square meters) and the market price of KRW 421,36,00, which is the “J” until April 17, 2015.

Accordingly, the Defendant indicated the distribution deadline differently from the fact.

(b) No business operator who manufactures or processes foods or food additives stored for sale and sale purposes of a product, the expiration date of which is past, and his/her employees shall display, keep or sell such product for sale purposes, in order to maintain sanitation management and order in business, and promote public health and sanitation;

However, at around May 20, 2015, the Defendant sold KRW 3,161,00,000, market price of KRW 29,822,50,000 that passed from the date of distribution to April 15, 2016, as stated in the list of crimes in the attached Table, including selling to K factories located in the city around 17, 200, after the expiration of the distribution period (up to April 17, 2015) as set forth in the foregoing paragraph 1-A, at the B Partnership’s office (up to April 17, 2015).

In addition, on April 6, 2016, the Defendant kept the amount equivalent to KRW 350,944,00 for sale, which was passed by the distribution deadline (up to April 17, 2015) at B’s corporate office (up to April 17, 2015).

As a result, the Defendant stored or sold products 19,113,00 square meters, market price of 380,766,500 won.

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