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(영문) 수원지방법원 성남지원 2015.08.13 2015고정566
식품위생법위반
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of three hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is engaged in food manufacturing and processing business using fishery products, such as Sora and sea ginseng, in the trade name of Gyeonggi City D, and Defendant B is a person who operates fishery products wholesale and retail stores, such as Sora and sea ginseng, in the trade name of F.

Food manufacturing and processing business report shall indicate the weight of food excluding liquid, which is packaged together with liquid to be discarded before consumption, among foods manufactured and processed after reporting food manufacturing and processing business, and no food shall be sold, imported, displayed or transported for sale, or used for business, unless it is marked in compliance with such labelling standards.

1. From March 12, 2014, Defendant A sold to the retail company at nine locations the freezing cattle and sea ginseng, which are the sum of the market prices indicated in the same manner as shown in the attached Table 1 through 9, from around that time to July 18, 2014, by stating, “The weight: 800g, raw materials and content: 50% of cattle: 50% of the fixed number: 50% of the fixed number: 50%” in the packaging, even though the actual weight of frozen cattle was 395g.

2. From March 20, 2014, Defendant B purchased a freezing of 100 g from the above A to the “F office” of the Defendant’s operation in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, and sold a freezing of 500 g from that time to July 11, 2014, the sum of the market prices indicated in the same manner as indicated in the attached Table 6 of the List of Crimes, from that time to July 1, 2014, was sold to the restaurant, etc.

Summary of Evidence

1. Defendants’ partial statement

1. Examination protocol of Defendant A by the prosecution;

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. A written request for appraisal, a written report and an appraisal;

1. Application of Acts and subordinate statutes to the president of each business company;

1. Article 97 subparagraph 1 of the Food Sanitation Act and Article 10 (2) of the same Act concerning the applicable criminal facts, the selection of punishment, and the selection of fines;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.

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