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(영문) 인천지방법원 2020.01.09 2019고단7713
식품위생법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Food Sanitation Act shall sell prohibited items imported or foods, etc. for which no import declaration has been filed, or collect, manufacture, import, process, cook, store, subdivide, transport or display such items for sale;

Nevertheless, the defendant from February 2019 to the same year.

5. By January 1, 200, at the 2 International Passenger Terminal of Incheon Jung-gu, Jung-gu, Incheon, 147, where he did not make an import declaration from the French People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People's People

2. No person other than a retailer who violates the Tobacco Business Act shall sell tobacco to consumers, and no tobacco for special use shall be sold for any purpose other than its intended purpose;

Nevertheless, the defendant is not designated as a retailer, and the defendant is from February 2019 to the same year without being designated as a retailer.

5. By January 1, 200, at the 2 International Passenger Terminal located in Jung-gu, Incheon, Jung-gu, Incheon, 147, 50 square meters, such as 4 kinds of 142 square meters, and 10 square meters, among those, 35 square meters, such as 20 square meters, and 142 square meters, among those, of duty-free tobacco that are special use, were purchased, and sold among them to consumers.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount additionally collected);

1. Relevant legal provisions of facts constituting an offense, and Articles 94(1)1, 4 subparag. 6 (Keeping and selling unreported foods, etc.), Articles 27-2(2)1 and 12(2) of the Tobacco Business Act, Articles 27-2(1)3-2 and 19(2) of the Tobacco Business Act for other purposes.

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