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(영문) 광주지방법원 2018.06.14 2018고정473
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B The corporation is a corporation established for the purpose of the production, manufacture, processing, and distribution of agricultural products with the entire YY C as its seat, and the defendant A is the representative director of the corporation.

A business operator who provides food, etc. for manufacturing shall inspect food, etc. offered for manufacturing in compliance with the standards and specifications under Article 7 or 9 of the Food Sanitation Act, as prescribed by the Enforcement Rule of the Food Sanitation Act.

1. Defendant A’s Defendant appears to be a clerical error and corrected as stated in the facts charged in the lower court on November 2016.

From January 5, 2018 to January 5, 2018, a person manufactured the end-of-life and the end-of-life of ASEAN for sale using approximately 13 tons of ASEAN without conducting a quality inspection within the company.

2. Defendant B, a representative director, committed the act of violating the above 1. Paragraph (1) in relation to the Defendant’s business at the date, time, and place under the above 1.

Summary of Evidence

1. Defendant A’s legal statement

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

1. Details of each production and transaction (2016, 2017);

1. A business registration certificate and a certificate fully registered;

1. Application of Acts and subordinate statutes stating the result of self-quality inspection;

1. Article 97 Subparag. 1 and Article 31(1) of the Food Sanitation Act; Defendant B who selects a fine: Articles 100, 97 Subparag. 1 and 31(1) of the Food Sanitation Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. The amount of fine shall be determined by taking into account the process that led to prosecution after the commencement of the investigation into the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, including the fact that a fine is imposed on both a corporation and its representative, the fact that the fine is imposed on both of the corporations and their representatives, and the initial charge, etc.

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