Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The defendant is the representative of an enterprise that provides 20 enterprises using 3 vehicles cooked with heavy food and stone.

No product, food or raw material, the distribution deadline of which has expired, shall be stored for cooking and selling purposes, nor shall food be used for cooking.

그럼에도 불구하고 피고인은 2017. 6. 12. 15:00 경 경남 함안군 C에 있는 피고인이 운영하는 'D' 식당 식 자재 냉장고에 유통 기한이 경과된 볶음 흑 통 깨 1kg( 유통 기한: 2017. 5. 8.까지) 1 봉, 초밥나라 1kg( 유통 기한: 2016. 12. 1.까지) 1 봉, 대림 선 주부 초밥 짱 320g( 유통 기한: 2017. 5. 13.까지) 1 봉을 조리하여 기업체에 납 식할 목적으로 보관하였다.

Summary of Evidence

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes to investigation report (such as a food photograph, etc. that has expired due to circulation of a D cafeteria);

1. Relevant Article of the relevant Act on criminal facts and subparagraph 6 of Article 97 of the Food Sanitation Act, and Article 44 (1) 3 (Selection of Penalty Surcharge) of the same Act on the selective criminal facts;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The claim distribution deadline only stored food materials as hand-on and did not have been stored for the purpose of supplying them.

2. In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by this court, namely, ① 1kg from among the products kept by the Defendant, the distribution period was more than six months, and the products recorded in the facts constituting an offense were stored in the air conditioners with other materials. ② If a food service provider stores raw materials or finished products whose distribution period has expired, it shall be deemed that the Defendant violated the rules, barring special circumstances (see Supreme Court Decision 2011Do6809, Jan. 12, 2012).