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(영문) 부산지방법원 2016.10.20 2016고정2494
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

1. Any person who intends to run a business manufacturing and processing food without registration shall register with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;

그럼에도 불구하고 피고인은 2012.경부터 2015. 12. 7.까지 부산 강서구 F에 있는 창고 건물에서, 등록하지 않고 배추김치, 꽃게, 깻잎 등의 양념장과 고추장아찌 등 각종 반찬류를 제조ㆍ가공하였다.

2. No food, etc., the standards for labeling of which are determined, shall be sold, imported, displayed, transported for sale, or used for business, unless such standards are indicated;

Nevertheless, on December 7, 2015, the Defendant used food equivalent to 74.5 km in total, including 74.5 km (5 km), single (0.5 g x 19), root year (5 g x 12), which violated the labelling standards, due to the lack of a time limit, etc. on the warehouse.

3. No one shall display or store products, foods or raw materials, the distribution deadline of which expires after the expiration of the distribution deadline, for the purpose of cooking and selling such foods, or use such products or raw materials for manufacturing or processing foods;

Nevertheless, from January 2014 to December 7, 2015, the Defendant kept a total of six kinds of foods, such as dynasium (20 kg) with the expiration of the distribution period, as shown in the attached list, for the purpose of using them for various anti-concing products.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written statement prepared in the G;

1. Investigation report (verification of places where illegal foods are sold);

1. Certificates of documentary evidence issued by a manufacturer or processing company of unregistered foods, or certificates of food sales issued by a non-registered manufacturer;

1. A copy of each business report;

1. Application of the records of seizure and list of seizure, and evidence collection and photographic Acts and subordinate statutes;

1. Article 95 Subparag. 2-2 of the Food Sanitation Act, the choice of punishment for a crime, Article 37(5) of the same Act (a point where a person manufactures or processes unregistered foods), Article 97 Subparag. 1 of the Food Sanitation Act, and Article 10 of the same Act.

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