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(영문) 서울중앙지방법원 2014.10.31 2014고정4116
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

The Defendant is a person who sells imported food under the trade name, “Cat” in Seongbuk-gu, Seongbuk-gu.

1. No one shall sell foods, etc. imported without filing an import declaration, or import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale;

Nevertheless, around 16:10 on June 30, 2014, the Defendant displayed in the store for the purpose of selling bridges, MOO, 1 coffee, melting tea, 1, 3Mien (3Mien), 2, 1, and 2, imported from Vietnam without filing an import declaration on the display stand of “Cmate” store.

2. No one shall sell foods, etc., the standards for labeling of which are determined, or import, display, transport such foods for sale, or use them for business unless such standards are indicated;

Nevertheless, the Defendant displayed, at the time and place specified in Paragraph 1, in the store for the purpose of selling, the imported food bata, which does not contain Korean-language labeling items (name of the product, food type, manufacturing type, place of origin, import and sale source, circulation period, weight, raw materials and packing materials, etc.).

Summary of Evidence

1. Defendant's legal statement;

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 the business place and seized articles;

1. Article 94(1)1 and Article 4 Subparag. 6 of the former Food Sanitation Act (Amended by Act No. 12496, Mar. 18, 2014); Article 97 Subparag. 1 and Article 10(2) of the Food Sanitation Act (which means the display of unreported foods) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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