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(영문) 인천지방법원 2014.08.26 2014고단4109
식품위생법위반
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall sell foods imported without filing an import declaration, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods for sale.

1. Defendant A is a person who engages in the wholesale business of agricultural products in the name of Goyang-si E through F.

Around January 4, 2011, the Defendant purchased 30 km from B through the so-called Boli, and sold approximately KRW 33,000 per kg in a nearby conventional market, as shown in the separate crime list, up to March 17, 2014, the Defendant sold the standard (total 5,068 g) purchased through the above method 178,26,200 won in total, as shown in the separate crime list.

Accordingly, the Defendant sold food imported without filing an import declaration.

2. Defendant B is a person who purchased and sold the standard that he brought into China from the Jung-gu Incheon International Passenger Ship Terminal in 147, Jung-gu, Incheon, China, according to the so-called "Seaeaeaeaea" from the world without filing an import declaration.

On January 4, 2011, the Defendant purchased 30 km from the above terminal without an import declaration, and sold 960,000 won to A from the above terminal without an import declaration. From March 17, 2014, the Defendant sold 162,463,200 won in total to the above Party A, as indicated in the separate list of crimes.

Accordingly, the Defendant sold food imported without filing an import declaration.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Protocol of the police statement concerning G;

1. Each statement of H and I prepared;

1. On-site photographs, photographs, details of transactions, smuggling, and sales, including web-site images;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 94 (1) 1 of the Food Sanitation Act and Article 4 subparagraph 6 of the same Act concerning the applicable criminal facts and the selection of punishment, respectively;

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