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(영문) 인천지방법원 부천지원 2017.02.02 2016고단3291
식품위생법위반
Text

1. Defendant A shall be sentenced to six months of imprisonment, and Defendant B shall be punished by a fine of seven thousand won,00,000 won.

2. However, this judgment.

Reasons

Punishment of the crime

1. Any person who intends to run a food manufacturing and processing business of defendant A shall register his/her business with the competent authority;

그럼에도 피고인은 2015. 1. 1. 경부터 2016. 7. 29. 경까지 부천시 C에서 식품제조 ㆍ 가공업 영업 등록을 하지 아니한 채, 돼지 갈비 양념과 올레오레진 켑 시 컴을 원료로 하여 배합기, 전기물 끓임장치, 깔때기 등을 사용하여 식품인 ‘D ’를 제조하여 전국 각지에 있는 52개의 E 체인점에 545,299,920원 상당 7,327개를 판매하였다.

Accordingly, the defendant was engaged in food manufacturing and processing business without registering food manufacturing and processing business.

2. Defendant B, a director of the Defendant’s in-house, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police with regard to F;

1. Data on the mixing ratio, the list of parcels of cattle and inventory, the results of inspection of parcels of cattle products, the business operator's registration certificate, the manufacture without registration, and the details of parcels of cattle sold;

1. Application of each statute on photographs;

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

A. Defendant A: Imprisonment with prison labor, including Article 95 subparag. 2-2, Article 37(5), and Article 97(5) of the Food Sanitation Act

(b) Defendant B: Articles 100, 95 and 37 (5) of the Food Sanitation Act

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B Co., Ltd. with the reason for sentencing of Article 334(1) of the Criminal Procedure Act: The crime of this case for the reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant manufactured and distributed approximately KRW 7,300 of the Food Manufacturing Process Act without registering the food manufacturing process; however, it is not good that the Defendant’s mistake is against himself; on the other hand, the Defendant registered his business with the competent authority after the control of this case; collected considerable parts of the distributed hydrogen; and that the lawsuit of this case does not harm the human body.

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