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Reasons
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(영문) 수원지방법원 평택지원 2018.05.10 2017고정811
식품위생법위반등
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Food Sanitation Act is a person running a miscellaneous seller with the trade name “C” in Ansan-si (hereinafter “C”), and no person shall sell, store or display foods, the import of which is prohibited or imported without filing an import declaration.

Nevertheless, the Defendant, on February 4, 2017, received 2,900 won from an “F” business entity in E when he/she received and sells the 2,900 won from the 1st ballot paper without reporting importation from D, a Japanese food business entity, by Internet purchase.

6. From 19.0 to 19.00, the 64 companies nationwide received KRW 2,900 to 3,100 from 64 companies, as shown in the list of crimes committed in the annexed sheet of crime.

2. A person who intends to import or sell imported foods in violation of the Special Act on Imported Food Safety Control shall register his/her business with the Minister of Food and Drug Safety;

Nevertheless, the Defendant imported the 2,900 Won-3,100 Won-3,100 Won from D, a Japanese food company, without registering its business to the Minister of Food and Drug Safety at the date and time stated in paragraph 1, and then sold the 64 companies nationwide, by purchasing the flub World Cup 36,114 paper through Internet.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol on the examination of a police officer in relation to G, H, I, J, K, L, M, N,O, P, and Q;

1. Statement made by the police against R;

1. Each internal investigation report, each investigation report, police seizure records, and the application of statutes concerning the list of seizure;

1. Article 94 (1) 1, Article 4 subparagraph 6 (Selection of Penalty), Article 42 subparagraph 1, and Article 15 (1) of the Special Act on Imported Food Safety Control (Selection of Penalty) concerning facts constituting an offense; Article 94 (1) 1, and Article 44 of the Food Sanitation Act concerning the selective punishment;

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. Confiscation Article 48(1)1 and 2 of the Criminal Code

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