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(영문) 광주지방법원 2013.10.04 2013고단3216
식품위생법위반
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative and actual operator of the (ju) E in Gwangju Mine-gu, and the defendant B works as the factory site of the above company and is a person in charge of the production and packing of all kinds of copies, earth and sand, and booms.

Although the Defendants were prohibited from labeling food name, manufacturing method, quality and nutrition labelling, gene recognent food, distribution period, etc., they intended to falsely extend the distribution period of products produced in order to increase the sales rate as inventory goods are stored due to the evasion of weekend work of workers, etc.

Accordingly, from May 2013, the Defendants displayed the distribution period intentionally in excess of the distribution period in the production of various kinds of unstoves, stoves, and stoves in the production volume, and the Defendants produced 2,534 products, including the two copies, silents, and stoves around May 28, 2013, and 2,534 products, total amount of 2,100kgs, such as the attached list of crimes, and kept them for sale after falsely indicating the distribution period as shown in the list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. The photograph of the product with false distribution deadline marked;

1. Copies of documents related to the details of transactions, such as two copies, and of product manufacturing report ledgers, such as F;

1. Investigative report (documents related to seizure of products with false distribution deadline marked by the Mine Office);

1. Application of statutes governing the current status of product seizure;

1. Subparagraph 1 of Article 97 and Article 13(1)2 of the Food Sanitation Act, Article 30 of the Criminal Act, comprehensively including applicable provisions on criminal facts;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Taking account of the scope of recommendations and the criteria for suspension of execution according to the sentencing guidelines for food crimes with reason of sentencing under Article 62-2 of the Criminal Act, the term of the instant crime, the distribution size, the records of the Defendant A’s punishment of a fine of KRW 200,000 as a violation of the Food Sanitation Act around 2001, and the punishment of a fine of KRW 2 million as a violation of the Food Sanitation Act around 2007 in the case of Defendant

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