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(영문) 인천지방법원 2017.04.21 2017고정427
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No one shall sell foods, etc., the import of which has not been reported, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless, around July 4, 2016, the Defendant purchased a standard of 73 km (purchase amount of 2,336,000 won) which was carried in by Jung-gu Incheon Port 7, Jung-gu, Incheon International Passenger Terminal 2 International Passenger Terminal near the Incheon Port 3 International Passenger Port 3, and carried in to the international passenger ship D where C is going to go to China between the port and the Incheon Port, without filing an import declaration with the Minister for Food and Drug Safety, and sold it to the nameless customer in the Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sung-gu, Seoul to the above market.

In addition, the Defendant purchased from July 4, 2016 to July 30, 2016, 762 g and 610 g (total purchase amount of KRW 29,264,00) from C, etc. that did not file an import declaration with the Minister of Food and Drug Safety at least 11 times, as indicated in the list of crimes, and sold it to the Customer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police (three times);

1. Application of statutes on site photographs;

1. Article 94 (1) 1 and Article 4 subparagraph 6 of the Food Sanitation Act, the choice of fines for the relevant criminal facts, and the choice of punishment for each type of crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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