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(영문) 서울서부지방법원 2018.10.25 2018고정27
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

The Defendant is a person who operates a “C” chain for import and sales business, such as imported food, etc., located in Gangwon-do Group B and 1 story, and sells brecings, additives, additives, containers, etc.

No person shall sell foods, etc. imported without having filed an import declaration under Article 20 (1) of the Special Act on Imported Food Safety Control or collect, manufacture, import, process, use, cook, cook, store, subdivide, transport or display such foods, etc. for sale.

However, the Defendant, at the place of business from around December 3, 2015 to May 17, 2017, without filing an import declaration with the Minister for the safety of food and drug products, advertised and publicize the French mountain, which was imported and cleared for self-consumption, through F (G) in which he/she operates, and delivers the purchase price to door-to-door, in the manner of advertising and advertising, and delivering it to consumers, as listed in the attached list of crimes, all of the imported without filing an import declaration worth KRW 27 million in total, KRW 4,500,00 in total, and around May 17, 2017, stored without filing an import declaration at the above place of business for the purpose of selling the amount equivalent to KRW 877,90,000,000 at the market price of 263 copies of without filing an import declaration at the above place of business.

Summary of Evidence

1. A protocol of the police interrogation of the accused, and a protocol of the interrogation of the accused prosecutor's office;

1. A letter of F copy of the person against whom no report has been filed, a printed copy of the color photo of the person against whom no report has been filed, adjustment of the quantity for storage for the purpose of sale of the reported color paper,

1. As to the investigation report (the description of the color import quantity imported by the person against whom no declaration was made), copies of import details through H, and specific description of import quantity of the color-import quantity imported without declaration;

1. Investigative report (specific details of sales of unreported import colors);

1. Application of the Act and subordinate statutes of the Investigation Report ( re-specified in the List of Offenses);

1. Relevant legal provisions and the choice of punishment for a crime: Article 94 (1) 1 and subparagraph 6 of Article 4 of the Food Sanitation Act (in all cases, referring to the selection of fines);

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

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