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(영문) 서울중앙지방법원 2014.05.29 2013고정6464
식품위생법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a Chinese shipbuilding yard who is operating a general restaurant with the trade name of "D" in Guro-gu Seoul Metropolitan Government.

Any person who intends to import foods for sale or for business purposes shall file a report with the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister, and shall neither sell imported foods, etc. nor manufacture, import, process, use, cook, store, subdivide, transport or display such foods for sale.

Nevertheless, from September 17, 2013 to October 16:52, 2013, the above 'D' restaurant did not file an import declaration with the Minister of Food and Drug Safety from September 17, 2013, and prepared and sold the 'D' restaurant in food and beverage.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police seizure record and the list of seizure;

1. Application of statutes governing field enforcement photographs;

1. Article 94 Subparag. 1, Article 4 Subparag. 6, and Article 19(1) of the former Food Sanitation Act (amended by Act No. 11986, Jul. 30, 2013) that provides applicable legal provisions on criminal facts and that select punishment for a fine

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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