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(영문) 청주지방법원 제천지원 2014.01.16 2013고단772
식품위생법위반
Text

Defendant shall be punished by a fine of 12,000,000 won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is operating food additives manufacturers in the name of "D" in Incheon City.

Foods or food additives, the standards and specifications of which are determined, shall be manufactured, imported, processed, used, cooked or preserved in accordance with such standards, and no foods or food additives which fail to meet such standards and specifications shall be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved or displayed for sale.

Nevertheless, from May 24, 2012 to May 20, 2013, the Defendant manufactured charcoal (product name tea), which is a food product for the use of filtering, at the pertinent D Company’s factory, from around May 24, 2012, and sold approximately KRW 1,440 g for food.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to manufacturing establishments, their photographs, data to capture on the website of a DNA company, details of financial transactions, multiple files for the preparation of defendants, transportation of products, and current status of sales;

1. Article 95 of the Food Sanitation Act applicable to criminal facts, Articles 95 subparagraph 1 and 7 (4) of the same Act, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Article 334(1) of the Criminal Procedure Act of April 18, 2013, the defendant was sentenced to two years of suspension of execution in one year and six months of imprisonment due to a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) in the course of this case, and the judgment became final and conclusive on April 26, 2013. However, in the event there is a final and conclusive judgment among the acts of a single comprehensive crime, the crime is not divided into two crimes, but is completed at the time of the final and conclusive judgment after the final and conclusive judgment (see, e.g., Supreme Court Decision 2001Do3312, Aug. 21, 2001). The reason for sentencing does not be treated as a latter concurrent crime. The defendant, for the reason for sentencing, is a crime that manufactured charcoal from several hundreds years to sale it as food, a fine of two million won in 195 million won, and two million won.

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