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(영문) 부산지방법원 2017.06.29 2017고정250
식품위생법위반등
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Criminal facts

Some of the facts charged were corrected.

Defendant

A is a general restaurant employee in the name of "F cafeteria" located in Busan Jung-gu E, and Defendant B is a corporation that manages and operates F cafeteria.

1. Violation of the Food Sanitation Act;

(a) Employees of Defendant A food service provider shall not keep raw materials or finished products, the distribution period of which has expired, for cooking and selling purposes, or use them for cooking food in order to maintain sanitation and order in business and promote public health and sanitation;

Nevertheless, on July 20, 2016, the Defendant kept the F cafeteria, F cafeteria, for the purpose of cooking and selling, the distribution deadline of July 18, 2016, which was passed on July 18, 2016.

B. Defendant B, who is his employee, committed a violation as set forth in Article 1(a) with respect to the Defendant’s business.

2. Violation of the Act on Origin Labeling of Agricultural and Fishery Products;

(a) No person who sells or provides agricultural and fishery products or the processed products thereof of Defendant A after cooking them shall put a false country of origin labeling or put a mark likely to cause confusion as to such products;

On July 20, 2016, the Defendant posted a false indication of origin on July 20, 2016, on which the origin of the swine machine, which was actually cooked and sold at the above restaurant, was indicated as “uins of swine,” and thereby, posted a false indication of origin.

B. Defendant B, who is his employee, committed a violation as set forth in Article 2(a) with respect to the Defendant’s business.

Summary of Evidence

1. Part of the Defendants’ legal statements (Article 1 of the judgment) and legal statements (Article 2 of the judgment)

1. Relevant photographs;

1. Application of Acts and subordinate statutes to a certificate of business report, business registration certificate, and certificate of employment;

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

A. Defendant A: Articles 97 Subparag. 6 and 44 of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016; hereinafter “former Food Sanitation Act”) (amended by Act No. 14022, Feb. 4, 2017; hereinafter “former Food Sanitation Act”).

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