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(영문) 대전지방법원 2018.05.31 2018고정298
축산물위생관리법위반
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Defendant

A shall be punished by a fine of KRW 3 million, and the defendant B shall be punished by a fine of KRW 5 million.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates the above company as the head of the headquarters of the defendant B, and the defendant B is a corporation established for the purpose of livestock product processing business.

1. No person who is a defendant shall place any label, advertisement or package that is different from facts or exaggerated in relation to the name, manufacturing method, ingredients, dietitian, raw materials, use and quality of livestock products, the packaging of livestock products and the tracking and management of traceability of livestock products;

Nevertheless, from July 27, 2017 to July 7, 2011 of the same year, the Defendant manufactured the Safety Management Certification Mark at the front bottom of 24,570 (12,285KG) of the Oral Products of the Nong-gu Seoul Special Metropolitan City (State) without obtaining certification from (HCCP)B, but supplied it to D Co., Ltd.

2. Defendant B Incorporated Co., Ltd. (Joint Penalty Provisions) committed a violation as described in paragraph (1) in relation to the Defendant’s business, who is the actual operator of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Accusation of a person who violates the Sanitary Control of Livestock Products Act, the application of a written statement, confirmation letter, and photographic Acts and subordinate statutes to such person;

1. Relevant legal provisions and the choice of punishment on criminal facts - Defendant A: Articles 45(3)2 and 32(1)2 of the Sanitary Control of Livestock Products Act (wholly amended by Act No. 14957, Apr. 25, 2018; hereinafter the same shall apply) - Defendant B: Articles 46, 45(3)2 and 32(1)2 of the Sanitary Control Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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