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(영문) 서울동부지방법원 2016.06.14 2016고정75
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall make any false or exaggerated indication or advertisement on the raw materials of food or additives. However, the Defendant sold at the price of 9,000 won for a portion of urban garris made of ethylama from January 27, 2014 to October 2, 2015 at a D restaurant operated by the Defendant located in Jung-gu Seoul Special Metropolitan City, Jung-gu, and 1 story, and on which the Defendant indicated the name of the goods as “domini g,” and indicated at the bottom of the said New-line (including the former), the name of the goods as “domini g,” and indicated at that bottom the phrase “domin g,” stating that the raw materials are “domin g, which contain a singing and bruting a lead,” and indicated as if the raw materials are a cigaretteing.

As a result, the Defendant made false indications and advertisements on the raw materials of food.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on internal investigation (affixing receipts for purchasing food, leaflets, and photographs taken from appraised materials);

1. Requests for appraisal by the National Institute of Scientific Investigation;

1. A receipt for the purchase of food materials [the defendant did not know that ethylis is different from that of the stern;

I assert and deny the criminal intent.

However, the Defendant was unaware of the fact that the above Qua New was written on the receipts for food purchase, not “dominian,” but “ethyl ethyl,” and was unaware of the fact that the Defendant was another raw product.

In light of the fact that the defendant sells a cafeteria indicating that he is a person operating a restaurant and is the presiding official of the Domi, the application of the law does not accept the defendant's assertion.

1. Relevant Article of the relevant Act on criminal facts and subparagraph 1 of Article 95 of the Food Sanitation Act, and Article 13 (1) 2 (Selection of Penalty Penalty) of the same Act on the selective type of crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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