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(영문) 수원지방법원 2016.03.02 2015고단6425
식품위생법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of five thousand won,00,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, and Defendant B is a corporation established for the purpose of manufacturing and selling food.

1. Defendant A

(a) No one shall sell foods, etc., the standards for labeling of which are determined, unless such standards are indicated, import, display, transport such foods for sale, or use them for business;

Nevertheless, on November 18, 2015, the Defendant stored the amount equivalent to KRW 9,450,000,000, which is processed food in the above factory, in the warehouse of the Gaeung-gu, Young-gu, Young-si, Young-si, Seoul, for the purpose of sale.

(b) No person shall place a false label concerning the name, manufacturing method, quality and nutrition labelling, genetic materials, associations of food, etc. and food traceability control and labelling;

Nevertheless, from August 18, 2014 to October 26, 2015, the Defendant sold to the said warehouse the freezing 96 market price of 2,898,600, and the F 206 market price of 4,891,000 won. In the case of the said freezing 206 market price, the last date of manufacturing is October 15, 2013, and even after the expiration of the distribution period of 9 months from July 14, 2014, the Defendant indicated the distribution period differently as if the distribution period remains in the way of making a false entry of the date of manufacturing, and, in the case of F, arbitrarily set the date of manufacturing for about 2 to 3 months from the date of de facto setting the date of manufacturing as 9 months from the date of shipment, and displayed the distribution period differently from the fact as 9 months from the date of the issuance.

As a result, the defendant puts different indications on the name, manufacturing method, quality and nutrition labelling, genetic materials cooperatives and foods, and food history tracking management labelling.

(c)

Products, the distribution deadline of which has expired, shall not be displayed, stored, or sold for sale purposes, nor shall they be used for manufacturing or processing food, etc.

Nevertheless, the defendant was above on November 17, 2015.

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