Text
Defendant shall be punished by a fine of KRW 1,000,000.
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 food manufacturing and processing company of the trade name called "D" in 2001, Nam-gu, Incheon.
On May 10, 2017, no one shall sell or import, display, transport, or use for business purposes any food with the standards for labeling, etc., however, the Defendant sold 50 km (8,00 won per 1kg) to a subdivision, etc. who supplies waste bags in a wedding hall by dividing it into 900 g, without stating any food indication, such as product name, date of manufacture, distribution period, etc.
Summary of Evidence
1. Legal statement of witness E;
1. Product details;
1. On-site photographs (the Defendant and his defense counsel argued to the effect that food was not labeled because they were bleeped in vinyl at the time of detection. However, according to the E’s statement and photographs taken at the time of detection, the package of 900g unit as well as the products which were bleeped in vinyl is finished.
The application of Acts and subordinate statutes shall be recognized that products contained in sealed boxes had no food indication;
1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 10 (2) of the Food Sanitation Act concerning facts constituting a crime, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;