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(영문) 서울중앙지방법원 2014.11.10 2014고정4617
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is running food entertainment business in the name of "C" on the Dongjak-gu Seoul Metropolitan Government B and the first floor.

1. No one shall use, cook or store imported foods for sale without filing an import declaration;

Nevertheless, from January 28, 2013 to August 22, 2014, the Defendant used and emulated two “scopic scopic scopic scopic scopic scopic scopic scopic”, which is a food imported without filing an import declaration, as a popic scopic ties, and stored it on the line for storing food materials.

Accordingly, the Defendant used, cooked, and stored imported foods for the purpose of selling them without filing an import declaration.

2. A person who operates a food entertainment business shall not store raw materials, the circulation period of which has expired, for the purpose of cooking, or use such materials for cooking food;

Nevertheless, from April 19, 2014 to August 22, 2014, the Defendant kept at the above restaurant, and from April 18, 2014, one copy of “spawn spawns”, the distribution period of which is April 18, 2014, in the cooling house for the purpose of using both strings and the cooking of the spawn, and used it for the cooking of the above food.

As a result, the Defendant kept the raw materials whose expiration date has expired for the purpose of cooking, and used them for cooking food.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure, list of seized articles, and photographs thereof;

1. A copy of a business report (C);

1. Application of enforcement site photographs, expiration photographs and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 94(1), 4 subparag. 6 of the Food Sanitation Act (hereinafter referred to as “unreported imported foods for the purpose of selling foods”), Article 97 subparag. 6 and Article 44(1) of the Food Sanitation Act, Article 57 of the Enforcement Rule of the Food Sanitation Act, and subparagraph 6(k) of attached Table 17 of the Food Sanitation Act (to select fines, including the fact that they store and use foods after the expiration of the period of distribution for the purpose of keeping and using foods

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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