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(영문) 창원지방법원 통영지원 2014.07.16 2013고정687
식품위생법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of the G fishery product processing and distribution business team, Defendant B is the head of the G fishery product processing and distribution business team, and G fishery product processing and distribution factory is the place of business permitted for food manufacturing and processing business, food subdivision and distribution business, etc., and food, etc. whose standards for labeling are determined are determined shall not be sold, imported, displayed or transported for sale, or used for business,

Nevertheless, around April 1, 2013, the Defendants conspired and used Class 33 261 stuffs (8kg) for sale for the purpose of sale without indicating that the criteria for labeling in G fishery product processing plants, freezing storages, etc. (56.5kg) are prescribed.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of a witness I;

1. Statement of each police statement against J, K and L;

1. Application of Acts and subordinate statutes of the report on the manufacture of food items and the list of seizure, the list of seizure, the detailed statement of control, the field photograph, the business report certificate and the business registration certificate, each copy of the business registration certificate, G fishery products processing factory floor plan, the request for investigation cooperation, the related data on the requested case, the photograph of products in violation of G processing

1. Article 97 subparagraph 1 of the Food Sanitation Act, Article 10 (2) of the same Act, Article 30 of the Criminal Act, the selection of fines, and the selection of fines for criminal facts;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion falls under the category 33 261 stuffs, such as 14 gamblings without any indication according to the indication criteria indicated in the facts charged (hereinafter “instant non-labeled products”), and the Defendants and defense counsel constitute a transparent package for the purpose of preserving the content as food in their natural condition, and thus, food publicly notified by the Ministry of Food and Drug Safety under Article 10 of the Food and Drug Safety.

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