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(영문) 서울중앙지방법원 2005. 12. 23. 선고 2005고정3023,4005(병합) 판결
[식품위생법위반][미간행]
Escopics

A and one other

Prosecutor

No. 190

Defense Counsel

Law Firm B, Attorney C

Text

Defendants shall be punished by each fine of KRW 4,000,000.

If the Defendants did not pay each of the above fines, each of the above fines of KRW 50,000 was converted into one day, the Defendants shall be confined to the Labor House.

In order to order the Defendants to pay the amount equivalent to each of the above fines.

Criminal facts

Defendant A is a person in charge of overall management of the company’s affairs, such as the purchase and sale of products, and the entry, delivery, and management of products, while working as the former duties of the fishery products wholesalers in Dongjak-gu Seoul Metropolitan Government D, and Defendant F is an employer of A, who actually operates the above E;

1. Defendant A:

A. On October 18, 2004, at the office of the first floor above E, the lower date: (a) purchased from Hanju, a manufacturing company, the frozen food supplied for in-flight consumption from E; (b) however, the product was not sold until December 18, 2001, which had been stored in the freezing warehouse of the above company; (c) the distribution period of 50mari 137,500 won for the product manufactured in Hanju, which had been manufactured in the first place, was removed from the 30th day after the 10th day after the 205th day after the 10th day after the 205th day after the 10th day after the 205th day after the 10th day after the 205th day after the 13th day after the 20th day after the 10th day after the 205th day after the 20th day after the 3th day after the 10th day after the 20th day after the 200th day after the 20th day after the 3th day after the 20th day after the 3th day of the 3th day.

B. The purpose of selling the products, such as “responding sheet sheet,” “Fashing sheet,” and “Fashing, fashing, bottleing, etc.,” which are investigation articles, is to store them for the purpose of selling them. After the expiration of the distribution period of the above products, re-packaged them through a crying process after the expiration of the distribution period, the date of the work is to write them again on the manufacturing date and sell them again, and around September 30, 2004, the fishery products processing company requested “G” to process them;

(1) From the above G of the I’s management located in the Y of Busan Y on the lower day of October 2004, I, through the I, remove the original level of labelling products 3,336km of the above farming 3,36km products with the expiration date of September 20, 204, and attach labels on October 25, 2004 and 24 months from the expiration date of the distribution period to indicate the date of manufacturing and the expiration date of distribution of food; and

(2) On Oct. 27, 2004, at the same place, on Oct. 1, 2004, I, through the same date, remove the original labelling of the 6,770km product from the 6,770km product at its own time, and attach labels indicating 24 months from the date of production, thereby indicating the date of food manufacture and the distribution period;

(3) On Nov. 1, 2004, at the same place as on Nov. 1, 2004, I, through the same date, remove the original labels of 2,130 km products from the said freezing bottles with the due date of September 15, 2004, and attach labels indicating 24 months from the date of production at will, thereby indicating the date of food manufacture and the due date of distribution;

(4) From October 28, 2004 to December 9, 2004, the above E’s freezing store was kept for the purpose of sale after being supplied from the above G with 3,336 km, freezing bottle 2,130 km, which was processed after the expiration of the distribution period, and then sold in the above E’s freezing business division for the purpose of sale. From around November 1 of the same year, around 2004, the above E’s 40 km-ro 740,000 g market price was sold in the above business division of the Han-gu Seoul Metropolitan Government Aviation Co., Ltd., Ltd. from around November 28, 2004 to around December 9 of the same year, the distribution period of the above business was 100 km-ro Subdivision-ro, 1000 ggh, agricultural and fishery 80 ggg, and the total market price was 250,000 g.

2. Defendant F:

At the time and place specified in the preceding paragraph, the defendant A, who is an employee of the defendant, committed each of the above violations in relation to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol and statement against the Defendants

1. Each prosecutor's statement to I, J, and K;

1. Labels, copies of each entry and exit certificate, copies of each Stick, copies of each sheet of transactions (not more than 25 pages), investigation report (not more than 106 pages as a result of the inspection of the Food and Drug Administration, report on the reorganization, search, and seizure, and 106 pages), copies of the entrusted ledger (not more than 273 pages);

1. Detailed statements and detailed statements of transactions (not more than 28 pages) bound in investigation records (two books);

Application of Statutes

1. Article applicable to criminal facts;

A. Defendants: Articles 77 subparag. 1 and 5, 11(1), and 29(1) of the Food Sanitation Act

B. Defendant F: Article 79 of the Food Sanitation Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Code

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Kim Jong-do

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