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(영문) 부산지방법원 2014.02.13 2013고정6130
식품위생법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is engaged in the import and distribution business of fishery products in the name of “(State)C” in the Republic of Korea.

Products, the distribution deadline of which has expired shall not be displayed, stored, or sold for the purpose of sale, or used for manufacturing or processing them as raw materials, such as foods.

On August 26, 2013, around 14:48, 2013, the Defendant kept for sale the 398 boxes of the Vietnam-Namsan Free Trade Co., Ltd (processed Fishery Products: Manufacturing Date: January 25, 2011: Effective Date: January 24, 2013) the distribution period of which has expired at the freezing warehouse, Seo-gu, Busan.

Accordingly, the Defendant violated the code of practice of food manufacturers, processors, and employees.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the entry into and departure from a third-party sample which has passed the distribution deadline on the attachment of the details thereof), and details of entry and departure;

1. Investigation report (in relation to attachment of field photographs), C triangulation-free photo;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 97 of the Food Sanitation Act and Articles 97 and 44 (1) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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