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(영문) 전주지방법원 군산지원 2016.05.11 2016고정26
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From 2005 to 200, the Defendant is a person who operates a general restaurant (area 49 square meters) with the trade name "C cafeteria" in Gunsan-si B.

In other words, a person who intends to engage in a spot-sale manufacturing and processing business shall report to the Minister of Food and Drug Safety or the head of a Si/Gun/Gu/Gu, as prescribed by Presidential Decree for each type of business or place of business.

Nevertheless, the Defendant, a competent administrative agency, did not report on the food sanitation law, namely, a spot-sale manufacturing and processing business, in the military viewing. From March 2014 to July 2, 2015, the Defendant manufactured approximately 320 persons, namely, in the C restaurant from March 2, 2014 to July 2, 2015, and directly delivered them to three nearby factories and sold them to the final consumers.

Accordingly, the defendant was engaged in a spot-sale manufacturing and processing business without reporting to the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of a business trip to prepare D;

1. The ledger on the management of business licenses for food entertainment business;

1. Application of Acts and subordinate statutes to each business registration certificate and certificate of business report;

1. Article 97 Subparag. 1, Article 37(4), and Article 36(1) of the Food Sanitation Act concerning facts constituting an offense, and Articles 97 Subparag. 4 and 36(1) of the same Act concerning selective punishment; selection of fines;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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