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(영문) 의정부지방법원 2017.07.13 2017고정136
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is the representative of Incorporated Agricultural Company B, Inc., Ltd., in the Republic of Korea in the Republic of Korea.

A business operator who manufactures and processes food and his/her employees shall prepare documents concerning the records of production and work, and documents pertaining to the receipt and delivery of raw materials for storage, delivery, and use of raw materials, and keep them for three years from the date of the last entry.

Nevertheless, the Defendant did not prepare and keep the receipts and disbursements of raw materials and the receipts and disbursements of raw materials of the Dozine and the Dozine, which are the items of 7 Dozine and 8 Dozine, sold from July 28, 2015 to September 30, 2015.

As a result, the Defendant did not comply with the rules of business operators on the preparation of non-payment orders for production and raw materials and storage for three years.

2. Defendant B Incorporated Incorporated Co., Ltd. is a corporation established for the purpose of distributing, processing, and selling agricultural products.

The defendant, a representative director, failed to comply with the rules of business operator concerning the preparation of a non-production log and raw material receipts and disbursements in relation to the defendant's business at the above date and place.

Summary of Evidence

1. The Defendants’ respective legal statements

1. On-site photographs of violations, reports on manufacturing food items-dozines, refined and produced paper (from January 2, 2015 to April 22, 2016 to May 29, 2016), current sales status by customer (from January 4, 2013 to August 31, 2016) by user, daily books of production (dozine, Dozine, Gaco, Gaco, Gaco, general carcogs, and number of copies (B submitted documents and sales status of Cheongrogs).

1. Application of Acts and subordinate statutes to inquiries about criminal records and investigation records;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 97 Subparag. 6 and 42(1) of the former Food Sanitation Act (Amended by Act No. 13277, Mar. 27, 2015; hereinafter the same) (amended by Act No. 13277, Mar. 27, 2015; hereinafter the same)

(b) Defendant Incorporated Corporation B: Articles 100, 97 subparag. 6, and 42 subparag. 1 of the former Food Sanitation Act

1. The defendant to be detained in a workhouse;

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