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(영문) 인천지방법원 2017.04.27 2017고단969
식품위생법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 6 or 7 shall be confiscated.

Reasons

Punishment of the crime

No one shall sell foods, etc., the import of which has not been reported, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless, the Defendant collected and sold used domestic agricultural products that did not file an import declaration from merchants (a well-known hereinafter referred to as “one-person”) in Incheon Port, Pyeongtaek Port, etc., with the intent of selling them in a lodging house, etc. by receiving domestic agricultural products from those who sell them.

On January 2015, at the international passenger terminal located in Jung-gu Incheon, Jung-gu, Incheon, the Defendant: (a) supplied a melter for which C did not file an import declaration collected from the merchants, Chinese, and (b) stored in the encloseded vehicle; (c) transported to the storage warehouse located in Pyeongtaek-si, and stored in a new b) and then stored in a new b) from around that time to August 2016, the Defendant received a total of 428,180km of domestic melted from collected E, F, etc., as indicated in the list of crimes of Attached 1, and stored them for sale.

From January 2015 to August 2016, the Defendant sold a total of 425,205kg (sale price equivalent to KRW 2,291,969,50) such as Chinese melters, etc. who did not file an import declaration with G, etc. operating a lodging house as described in attached Table 2, such as the list of crimes in attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with respect to E, F, C, or H;

1. Copies of each protocol of examination of suspect by the police against I, G, J, K, L, M, N,O, P, and each accompanying document (Evidence Nos. 33, 39, 41, 44, 50);

1. Each internal investigation report (Nos. 3, 5, 7) and each accompanying photograph (No. 4, 6, 8 of the evidence list);

1. A report on investigation (the criminal investigation, etc. conducted by persons related to the distribution of smuggling agricultural products), collection of smuggling, and photographs to confirm the work of storage;

1. As to the execution of a warrant of search and seizure, photographs and photographs related to the violation of A Food Sanitation Act.

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