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(영문) 부산지방법원 2016.04.20 2016고정734
식품위생법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

B From April 2010, the Plaintiff is the representative of D (State) D who is engaged in the business of manufacturing and selling beverages and cremation water in Busan B, and the Defendant is the representative of E (State) who is engaged in the business of manufacturing cosmetics in the same place from February 2, 2013 to October 2014.

B around September 2012, the Defendant provided the manufacturing technology of F beverage manufactured by refining tap water and shocking the amount to be accommodated at the end of Jinju, and the Defendant intended to produce it as “OEM”.

Foods or additives which are manufactured, imported, processed, cooked, or preserved in accordance with the standards and specifications in accordance with the relevant statutes, such as the Food Sanitation Act, and foods or additives that fail to meet such standards and specifications, shall not be sold or manufactured, imported, processed, cooked, stored, subdivided, or transported for sale.

Nevertheless, around July 3, 2014, Defendant B manufactured F1.8L 1 bottles where 1,200 populations are detected per 1 meter in excess of the stop values of mixed beverages (100 m per 1m m) set at the same factory at the same factory at the above (jum) D.

Accordingly, the defendant, in collusion with B, manufactured food that does not meet the standards and specifications.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement of the police statement related to G;

1. Each report on investigation;

1. Application of F photographic Acts and subordinate statutes;

1. Article 95 of the relevant Act on criminal facts, subparagraph 1 of Article 95 of the Food Sanitation Act, Article 7 (4) of the same Act, and Article 30 of the Criminal Act on the selective punishment;

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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