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(영문) 부산지방법원 2016.09.21 2016고정2459
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

A shall be KRW 100,000 if a fine is not paid.

Reasons

Punishment of the crime

Defendant

A is the representative director of the B Co., Ltd. in Kim Sea-si D and 202, and B Co., Ltd is a corporation with the purpose of comprehensive trade business and trade agency business (food service).

1. Although Defendant A, a seller of food subdivision or sales, was not allowed to subdivide, transport, display, store, or sell products for which the distribution deadline has expired for sale, the Defendant sold to F the actual operator of “E” at the office of the above B Co., Ltd. around October 23, 2015, and the distribution deadline of HH Co., Ltd. located in Busan Seo-gu, Busan, up to January 8, 2015 (each 12 km), boxes (each 12 km), 95 boxes in the shape of bed) and the distribution deadline of bed, up to January 9, 2015, to comply with the rules of the business operator.

2. Defendant B Co., Ltd. and Defendant A, the representative director of the Defendant, committed the same offense as the above 1 at the same time and place as that of the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Certificates of delivery and takeover of food photographs, materials, sales contracts, and the ledger of each entrusted article, products, and vehicles that have elapsed by each distribution deadline;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to all matters to be registered and a copy of business report;

1. Article 97 Subparag. 6 and Article 44(1) of the Food Sanitation Act; Defendant B who selects a fine: Articles 100, 97 Subparag. 6 and 44(1) of the Food Sanitation Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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