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(영문) 인천지방법원 2016.08.26 2016고단3650
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant was prohibited from selling, transporting, storing, etc. imported foods, etc. without filing an import declaration, from around September 3, 2014 to April 2, 2016, the Defendant purchased domestic products, such as low melting, melting, melting, melting, melting, melting, Ground, west, Meet, Meet, shre, and traging, without filing an import declaration from the Chinese passenger ship D among the 2nd places located in the port-dong of Jung-gu Incheon, Jung-gu, Incheon, and transporting the unreported imported foods to the warehouse located in the Nam-gu Incheon, using the EFland Lone Star.

From February 19, 2016 to April 2, 2016, the Defendant sold non-reported imported foods, such as selling 175 kilograms (a total of KRW 1,892,00), 20 grams (a total of KRW 1,892,00), 175km (a total of KRW 1,600), 300km (a total of KRW 1,600,000) to K, 120km (5,000) (a total of KRW 526,00) (a total of KRW 526,000), 60 kilograms (a total of KRW 526,000) of maize rice to L, and stores 5,885,80g (a total of KRW 36,500), and around April 2, 2016, for the purpose of selling imported foods remaining after having been sold in the above warehouse as above.

Accordingly, the Defendant sold food imported without filing an import declaration, and transported and stored it for sale.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of the police questioning of E, M, I, J, or L, and the police statement of K and H;

1. Application of the Acts and subordinate statutes governing the control of smuggling imported agricultural products, photographics and photographs with seized objects, A Customer Magazle;

1. Article 94 (1) 1 and subparagraph 6 of Article 4 of the Food Sanitation Act (or choice of imprisonment with prison labor), inclusive of the relevant Article of the Act on Criminal facts and the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order was that the Defendant again committed the instant crime even though he/she had been punished by a fine on three occasions in 2011 and 2014 due to the violation of the Food Sanitation Act.

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