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(영문) 서울서부지방법원 2017.06.15 2017고정399
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operates the “C” of the mail order business establishment in Dongdaemun-gu Seoul Metropolitan Government and the 2nd floor, and sells the “quality light light light light light (e-mail)” through its website (D) and Internet open market, etc.

Foods or additives, the standards and specifications of which are determined, shall be manufactured, imported, processed, used, cooked, or preserved in accordance with such standards, and foods or additives that do not meet such standards and specifications shall not be sold, or manufactured, imported, processed, used, cooked, stored, transported, preserved or displayed for sale.

Nevertheless, from June 28, 2016 to October 4, 2016, the Defendant sold 13,000 won a total of 35 times per market price to 53,00 won per 35 times through the following: (a) at a business entity located in B and B of Dongdaemun-gu Seoul Metropolitan Government and in the second floor; (b) at a 150-g unit of “quality light light (e.g., tea)”, which is an ingredient that cannot be used for food, as shown in the annexed crime list; and (c) at an open market, in the Internet open market, in the form of 13,00 won per unit of 35 times per market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to the investigation report (the receipt of a written request to regulate the distribution and sale of “jar-electronic”), the documents requesting the control of the Korean Oriental Medical Association of Korea, the investigation report [C’s details of the sale of the C’s “jar-electronic products”], and the sales details of the C’s “Ne-electronics” submitted by the victim

1. Relevant legal provisions concerning facts constituting an offense and subparagraph 1 of Article 95 and Article 7 (4) of the Food Sanitation Act (generally, selection of fines) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the reasons for sentencing of Article 334(1) of the Criminal Procedure Act include that the defendant was punished for the same kind of crime, and that there are many other factors such as the purpose of the Food Sanitation Act to contribute to the promotion of national health by preventing the defendant's age, sex, environment, and food harm caused by the defendant's age, sex, and food, and by promoting the improvement of the quality of food nutrition.

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