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(영문) 대구지방법원 2013.09.25 2013고정2149
식품위생법위반
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who manufactures and sells food with the trade name “C” in Daegu Northern-gu B.

No one shall sell foods, etc. manufactured, processed, imported, processed, used, cook, store, subdivide, transport or display such foods, etc. for sale by persons other than business operators.

Nevertheless, from October 2, 2008 to June 18, 2013, the Defendant, without registering a food manufacturing and processing business with the competent authority, manufactured food of average 1,000 kg per day with Kim ho-ho and snding machinery and sp-sprinking machinery at the “C” office, and sold it directly to customers visiting the above company or to dat in neighboring areas.

2. No one shall place any indication or advertisement that is different from facts or exaggerated with respect to the name, manufacturing method, quality and nutrition labelling of foods, etc., genetically modified foods, etc., and food traceability labelling;

Nevertheless, from September 2012 to June 12, 2013, the Defendant sold an amount equivalent to KRW 20,417,172 in sealed packaging form to DMaart located in Daegu Northern-gu E, and the Defendant, even though manufactured in the above C, indicated it differently from the fact that “production cost: F/G” was “F/G” on the outer cover level.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written accusation;

1. Original of the trademark;

1. Trademark photographs;

1. Photographs photographs at the control site;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article applicable to the facts of crime and Article 94 subparagraph 1, Article 4 subparagraph 7, Article 97 subparagraph 1, and Article 13 (1) of the Food Sanitation Act that choose the penalty;

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

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

1. Article 48 (1) of the Criminal Act of confiscation;

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

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