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(영문) 부산지방법원 서부지원 2017.09.25 2017고정175
식품위생법위반
Text

Defendants shall be punished by a fine of three million won.

Defendant

If A fails to pay the above fine, it shall be 30 days.

Reasons

Criminal facts

Defendant

A Co., Ltd. is a corporation that runs food manufacturing and processing business and food subdivision and sales business, and Defendant A is an operator of Defendant B.

1. No product, food, or raw material thereof, the distribution period of which expires, shall be stored or sold for sale;

Nevertheless, on February 23, 2015, the Defendant released and sold 50 boxes to sell 414 boxes, which were kept for the purpose of selling the freezing 414 boxes after one year from the date of production ( August 27, 2013) in the freezing A, a 401 freezing Co., Ltd., Ltd., which was located in 605-ro 25-gil (Dadong dong) from Busan, Seo-gu, Busan, on February 23, 2015 (hereinafter “Seoul”), and sold 50 boxes for the purpose of selling the freezing 414 boxes after the expiration of the distribution period ( August 26, 2014). The Defendant sold the boxes on October 10, 2015, the boxes on April 7, 10, 2016, the boxes on June 10, 2016, the boxes on July 15, 15, 2016, and the boxes on August 30, 2016>

2. Defendant B’s employees, Defendant B, at the time and place specified in Paragraph 1, sold products, food, or raw materials thereof for which the period of circulation elapsed, as described in Paragraph 1, with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made with respect to C and D;

1. Investigation reports (related to the submission of a certificate to destroy seized articles), investigation reports (related to the submission of documents to process the returned articles);

1. A certificate of collection (Attachment), the inventory of the time, the present status of shipment, the certificate of business report, the business registration certificate, and a trading statement;

1. Application of statutes on field photographs;

1. The Defendants of relevant legal provisions concerning criminal facts: Article 100, Article 97 subparag. 6, and Article 44 subparag. 3 of the Food Sanitation Act;

1. Defendant A who is selected to impose a fine;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The products sold by the Defendants on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act were all returned or discarded, and were not actually distributed; and the sale appears to have no economic benefits that the Defendants acquired.

Defendants.

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