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(영문) 인천지방법원 2013.08.20 2013고단1457
식품위생법위반
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

No one shall sell foods, etc. imported without filing an import declaration, or gather, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless, from December 31, 2012 to January 30, 2013, Defendant A entered the port of Jung-gu in Incheon, Jung-gu to January 30, 2013, on the roads of the 1st International Passenger Ship Terminal, which was located in the port of Jung-gu, Incheon, China, without filing an import declaration with the Republic of Korea for self-consumption purposes, and purchased melter and black attitudes as domestic agricultural products, and Defendant B, together with Defendant A, transported domestic agricultural products purchased as above, to the warehouse in Nam-gu, Incheon.

The Defendants once transferred domestic agricultural products from the above warehouse to a large volume of 25 km and sold them to non-merchants.

The Defendants conspired as such, stored, transported, or sold for the purpose of selling 7,483kg and Black 3,016kg in China without filing an import declaration.

Summary of Evidence

1. Defendants’ legal statement

1. Copies and photographs of each book;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Defendants of relevant criminal facts: Article 94 Subparag. 1, Article 4 Subparag. 6, and Article 19(1) of the Food Sanitation Act; Article 30 of the Criminal Act

1. Defendant A: Selection of imprisonment with prison labor (to take account of the fact that the instant crime was committed again even though it was controlled by the same kind of crime): Defendant B: Selection of a fine (the confession of a crime, degree of participation in the crime, circumstances of the crime, etc.);

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (the confession of a crime and reflective nature of the defendant, the fact that the defendant has no criminal record other than the punishment once by a fine, and the sentencing in a similar case is equity, etc.);

1. Defendant A on probation: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order:

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