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(영문) 서울북부지방법원 2019.05.22 2019고단327
식품위생법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

No person shall sell foods, etc. imported without any import ban or import declaration, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless, around 18:30 on November 6, 2018, the Defendant purchased food equivalent to KRW 12,993,500 in total as shown in the attached list of crimes, as shown in the attached list of crimes, in the 2nd International Passenger Terminal Parking Lot of Incheon Jung-gu, Incheon, Incheon, which was located in 147, among the 2nd International Passenger Terminal Parking Lot of Incheon, and did not make an import declaration from the Chinese public figures in their names, and transported it to the D gas station in Incheon, Jung-gu.

Accordingly, the defendant transported imported food for sale without filing an import declaration.

Summary of Evidence

1. Defendant's legal statement;

1. The list of seizure;

1. Application of Acts and subordinate statutes governing seized articles;

1. Article 94 (1) 1 and Article 4 subparagraph 6 of the Food Sanitation Act applicable to the relevant criminal facts, the choice of punishment, and the choice of imprisonment;

1. The sentence shall be determined as ordered in consideration of the following: (a) the number of agricultural products transported with the reason for sentencing under Article 62(1) of the Criminal Act is not large; (b) the fact that the defendant was punished for the same crime; (c) the fact that the defendant recognized the defendant's mistake and reflects it; (d) the age, character and conduct, environment, motive, means and consequence of the crime

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