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(영문) 인천지방법원 부천지원 2014.09.24 2014고단626
식품위생법위반
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of the facts charged

A. Defendant A is a person who operates a fishery product processing business under the trade name of Company B located in Kimpo-si D.

No one shall indicate the name, manufacturing method, quality, etc. of foods, etc. falsely, and shall indicate false details in indicating the date of manufacture or the distribution deadline.

In addition, the distribution period of the product shall be calculated according to the contents reported by the business operator to the competent authorities when reporting the manufacture of the product, and the distribution period indication shall be indicated at the time of completion of the package where the manufacturing process of the product expires.

Around August 10, 2006, the Defendant: (a) indicated that the term of distribution was “one year from manufacturing date”; (b) made a product manufacture report to each competent authority on July 19, 2007; and (c) indicated that the term of distribution was “one year from manufacturing date”; (b) manufactured the amount equivalent to KRW 50 Gag-gu (400km) 3,800,000, which is a processed fishery product at the said place of business on June 11, 2013; and (c) sold the packaging in which the distribution period was indicated as “ May 10, 2015,” and falsely displayed the distribution period between the aforementioned date and September 14, 2013; and (d) indicated that the distribution period was indicated as “3 items 22,29k2,250g,09g, as indicated in the attached list of crimes; and (d) sold the same in a false manner at the market price of KRW 809,209g,7.

B. Defendant B, the representative of the Defendant, committed the above violation in relation to the Defendant’s business at the above date, time, and place.

2. According to Article 37(6) of the former Food Sanitation Act (amended by Act No. 11985, Jul. 30, 2013), where a person who has obtained permission, reported, or registered to engage in food manufacturing and processing business manufactures or processes foods, he/she shall report such fact to the competent authority. Article 45(1) proviso of the Enforcement Rule of the same Act (amended by Ordinance of the Prime Minister No. 1041, Oct. 25, 2013) entrusts food manufacturing and processing business operators.

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