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(영문) 전주지방법원 2017.04.14 2017고정113
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is a person who operates a fishery product wholesale and retail business under the trade name of “C” in Jeonju-si, Jeonju-si B.

The Minister of Food and Drug Safety shall, if necessary for national health, determine and publicly notify the standards and specifications concerning foods or additives for sale, and, in cases of foods or additives, the standards and specifications of which are determined, he/she shall manufacture, import, process, use, cook, prepare and keep such foods or additives in accordance with such standards and specifications, and shall not sell foods or additives that fail to meet such standards and specifications, or manufacture, import, process, use, store, subdivide, transport, preserve or display such foods or additives for sale.

Nevertheless, from March 1, 2012 to January 25, 2016, the Defendant revised the “Food Standards and Specifications” of the Food and Drug Safetyx (Public Notice 2011-4), and sold 1,020 km (Sales Price 112,500 won) in total to the operator of three business establishments, such as E, G, and H, 49 times in total, when the use of oil as a food product was prohibited in Korea, around February 6, 2014, the Defendant sold 1,020 g (Sales Amount 6,225,00 won) of oil products to the operator of three business establishments, such as E, G, and H, as recorded in the list of crimes.

Accordingly, the defendant sold food that does not meet the standards and specifications.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of the police officer in F or I;

1. A copy of the commencement report of internal investigation;

1. A copy of each investigation report (the necessity for classification of persons suspected of illegal domestic distribution and sale of oil);

1. Copies of the investigation intelligence report;

1. Each internal investigation report (specific description of suspected companies, such as oil hazards, processing, distribution methods, etc.; verification at the scene of illegal distribution transactions by J Kim-ho, verification of illegal oil-free products and tracking of distribution routes, etc.; verification at the site of oil distribution transactions by countries and water appraisal and response results; verification at the site of oil-free illegal distribution transactions; verification at the site of oil-free oil distribution transactions; and

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