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(영문) 서울남부지방법원 2017.05.31 2017고정9
국민영양관리법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a dietitian working in a group meal facility, and Defendant B is the head of the “D kindergarten” in Yangcheon-gu Seoul Metropolitan Government, and is the operator of a group meal facility in a kindergarten.

1. No person who has obtained a license for a dietitian of defendant shall lend his/her license to another person;

Nevertheless, the Defendant, around July 2016, received KRW 100,000 per month from Bupyeong-gu Incheon E building and KRW 403,000 per month, and, until October 2016, lent his dietitian’s license to the head of D kindergarten “D kindergarten” B, thereby allowing him to use it in the operation of the group meal facility in that kindergarten.

2. The operators of the meal places in Defendant B shall employ dieticians;

Nevertheless, the Defendant operated a group meal facility without employing a dietitian from July 2015 to October 2016.

Summary of Evidence

1. Defendants’ legal statement

1. Nutrition's license;

1. Contracts for the appointment of dieticians;

1. Application of Acts and subordinate statutes concerning reports on the installation of meal facilities in a group;

1. Defendant A of the relevant provision of the Act on Criminal Facts: Articles 28(1) and 18(2) (excluding punishment penalty) of the National Nutrition Management Act; Articles 96 and 52(1) (excluding punishment penalty) of the Food Sanitation Act;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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