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(영문) 수원지방법원 평택지원 2015.05.29 2014고정791
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 “D” as a business entity engaged in the implied manufacturing and sales business in Pyeongtaek-si C.

1. Any person shall manufacture, import, process, use, cook, cook, preserve foods, the standards for methods of manufacture, processing, cooking, or preserving of which and standards for ingredients are determined in accordance with such standards, and shall not sell foods which fail to meet such standards and standards or manufacture, import, process, use, cook, store, subdivide, transport, preserve or display foods for sale;

Nevertheless, from the date of 2014 to August 4, 2014, the Defendant used solarium, which is a food additives that cannot be used for implied products for the purpose of increasing the period of distribution in the above company, by mixing it with water, by using it as a method of spraying it with water at an implied view manufactured.

2. No person who manufactures or processes foods, etc. shall display, keep, or sell (limited to cases where such products are displayed, stored, or sold via an agency, or directly) products, the expiration of distribution period, or use such products for manufacturing or processing foods, etc. for sales purposes;

Nevertheless, the Defendant: (a) around August 4, 2014, at the same time, stored two parcels (20 km, total of 40 km, total of 40 km), and two parcels (20 km, total of 40 km, total of 40 km per one parcel) for which the distribution period (20 km, July 29, 2014) has elapsed; (b) the distribution period (20 km, total of 40 km, and the distribution period (7 29 km, July 29, 2014) for the purpose of the manufacture and sale of implied products.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. On-site control photographs;

1. Requests for appraisal;

1. Records of seizure and list of seizure of the police;

1. A report on internal investigation (verification of the expiration date for G-party distribution of supply companies prior to earth and sand);

1. Application of statutes, such as a report on manufacturing food items;

1. Article 95 subparagraph 1 of the Food Sanitation Act, Article 7 (4) of the same Act concerning criminal facts, Article 97 subparagraph 6 of the Food Sanitation Act, and Article 44 (1) of the same Act concerning criminal facts;

1. Selection of each alternative fine for punishment;

1. The Criminal Act among concurrent crimes.

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