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(영문) 부산지방법원 2015.06.18 2015고단676
식품위생법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 10,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is a person who manufactures and sells “F” and “G” in operating food manufacturing and processing business establishments located in Busan Seo-gu D.

Foods, the standards and specifications of which are determined shall be manufactured, processed, used, cooked or preserved in accordance with such standards, and foods that fail to meet such standards and specifications shall not be sold or manufactured, processed, used, cooked, stored, subdivided, transported, stored, preserved or displayed for sale, and in particular not distributed air-conditioning products at actual temperature.

Nevertheless, the Defendant considered the terms and conditions of storage of “F” and “G” as the coolant storage (hereinafter 10∑C) in the item manufacturing report submitted to the Busan District Court. However, the Defendant, using a general truck, transported and sold an amount equivalent to KRW 474,931 boxes, 9,498,620 disease (7,123,965L), market price of KRW 6,79,158,000 from March 1, 2014 to July 31, 2014, as shown in Appendix I, from March 1 to July 31, 2014.

(b) No one shall place any indication or advertisement that is different from facts or exaggerated with respect to the name, manufacturing method, quality, nutrition labelling, genetically modified foods, etc., and food traceability labelling, and in particular, place any indication or advertisement different from facts in labeling the date of manufacture or the expiration date of distribution;

Nevertheless, the Defendant sold “F” and “G” products from July 1, 2013 to April 29, 2014, 311,100 boxes, 6,22,000 bottles (4,66,50L), market price of KRW 4,397,640,00, as shown in the attached Table I, on the same day, on the following day, only for products released after being well-known at low temperature storage.

2. Defendant B is a person who manufactures and sells “F” as a consignor while operating a food manufacturing and processing business establishment “I” in Busan-gu H.

Food, the standards and specifications of which are determined, shall be in accordance with such standards.

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