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(영문) 부산지방법원 서부지원 2019.07.26 2019고단424
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a manufacturing business of fruitac in the name of "C" in Gangseo-gu Busan Metropolitan Government B.

No one shall manufacture, import, process, use, cookin or preserve foods or food additives, the standards and specifications of which are determined, in accordance with such standards, and no one shall sell foods or food additives which fail to meet such standards or manufacture, import, process, use, cookin, store, subdivide, transport, preserve or display such foods or food additives for sale.

Nevertheless, around September 14, 2018, the Defendant produced and sold 1,1044kg of the above products to 3.3.3, more than 2.0,000,000, which is a acid set forth in the standards for manufacturing and processing food products, when manufacturing “D”, which is a stuff for sugar treatment at the above business establishment.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation, E statements, notification of inappropriate foods, requests for measures, investigation reports (a copy of official package of foods and food additives shall be attached);

1. Application of Acts and subordinate statutes to photograph the collected products;

1. Article 95 of the Food Sanitation Act applicable to criminal facts, Articles 95 subparagraph 1 and 7 (4) of the same Act, the selection of fines, and the selection of fines;

1. Consideration of the fact that the defendant has committed a second offense with the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, even though he/she was sentenced to a fine for the same kind of crime on several occasions, and that the quantity of food exceeding the standard produced by the defendant is considerable;

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