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(영문) 서울북부지방법원 2013.11.26 2013고정2652
식품위생법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who actually runs food service business under the trade name of “stock company C” in Seoul Jung-gu.

1. A person who intends to engage in the business of manufacturing, processing, transporting, selling food or the business of food service shall report thereon to the competent administrative agency by type of business or place of business, and shall also report important matters prescribed by relevant Acts and subordinate statutes, such as the name (in the case of a corporation, the name of its representative), name or trade name of the place of business

Nevertheless, the Defendant did not report the above changes even though the representative changed to E on October 12, 201 after reporting food service business in the name of D, a former representative, around February 8, 2010.

2. No person who intends to carry on the business of manufacturing, processing, transporting, selling food or the business of food service shall display, keep or sell products, the expiration of distribution period of which, for the purpose of selling them, or use them for manufacturing or processing food, etc.;

Nevertheless, around April 26, 2013, the Defendant kept the products, the expiration date of which was expired, such as the list of crimes in the attached Form, including the storage of the goods “Aehoh Ahoh” whose distribution period expired, in freezing the said business establishment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

1. A copy of business registration certificate and a copy of old business registration certificate;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 97 Subparag. 1 of the Food Sanitation Act, Article 37(4) of the same Act, Article 97 Subparag. 6 of the same Act, Article 44(1) of the Food Sanitation Act (the storage of products after the expiration of the distribution period), the choice of fines, and the choice of fines, respectively, concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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