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(영문) 부산지방법원 2017.05.11 2017고정346
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

Defendant

A is a person who engages in livestock sales business, such as chickens, in Busan, B.

1. Any person who intends to sell livestock products in violation of the Sanitary Control of Livestock Products Act concerning unreported business shall install facilities meeting the standards prescribed by Ordinance of the Prime Minister and report to the head of a Si/Gun/Gu having jurisdiction over the branch office of a Special Self-Governing

Nevertheless, from January 2015 to October 25, 2016, the Defendant sold livestock products without filing a report on livestock product sales business through the Internet C website, such as the franchising machine of Australia, brinic acid, brinic acid chickens, and chilling machine of domestic products.

2. No person who violates the Sanitary Control of Livestock Products Act in relation to exaggerated labeling or advertising shall indicate or advertise livestock products differently from the facts or exaggeratedly in relation to the name, manufacturing method, ingredients, dietitians, raw materials, uses and quality of livestock products, packaging of livestock products, traceability of processed livestock products, and traceability management;

Nevertheless, the defendant, at the time and place specified in paragraph 1, advertiseded as "product certified as a product with certified cather in the domestic packing meat".

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written certifications;

1. Application of Acts and subordinate statutes governing violations;

1. Relevant Article 45 (6) 9, Article 24 (1) (the occupation of a sales business of unreported livestock products) of the Sanitary Control of Livestock Products Act, Article 45 (3) 2, and Article 32 (1) 2 (the occupation of an exaggerated advertisement for livestock products) of the Sanitary Control of Livestock Products Act concerning criminal facts, the selection of fines for each crime;

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

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