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(영문) 서울서부지방법원 2014.07.22 2014고단1317
식품위생법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who produces and sells c and c and 302, a trade name “D”, namely, a person who produces and processes spot sales and processing business.

1. Foods or food additives that violate the standards shall be manufactured, processed, processed, used, cooked, stored, subdivided, stored, preserved or displayed for sale, in compliance with the standards, and in such cases, they shall not be mixed with 0.5% or less of cryp acids, and they shall not be sold, nor be manufactured, imported, processed, used, cooked, transported, stored, stored, stored, preserved or displayed for sale;

Nevertheless, from January 2013 to May 20, 2014, the Defendant sold an amount equivalent to KRW 70 per cent of the voltage 70 per cent from May 20, 2014, and 30 per cent of the fresh oil (50% of the fresh oil, 30% of the fresh extractions, 10% of the fresh extractions, and 10 per cent of the fresh extractions) to customers, such as F restaurant in Gangnam-gu, Seoul.

2. No person who violates the Act on Origin Labeling of Agricultural and Fishery Products shall make a false indication of the place of origin or make an indication that may cause confusion as to the place of origin;

Nevertheless, from January 2013 to May 20, 2014, the Defendant indicated that the origin was “China” and sold to customers, such as F restaurants, etc. listed in paragraph (1) by falsely indicating that the Defendant’s origin was “China”.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. G statements;

1. Analysis report on test results of the Korea Consumer Agency;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article applicable to criminal facts, Article 95 subparagraph 1 of the Food Sanitation Act that applies to the choice of punishment, Article 7 (4) of the Food Sanitation Act, Articles 14 and 6 (1) of the Act on Origin Labeling of Agricultural and Fishery Products;

1. Concurrent Crimes.

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