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(영문) 서울서부지방법원 2019.03.28 2018고단925
식품위생법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 7, 2017, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud in order to commit fraud in the Jung-gu District Court Goyang branch on December 7, 2017, and the judgment became final and conclusive on December 15, 2017.

The defendant is a person who actually operates a wholesale company of agricultural and fishery products "C" in Seocho-gu Seoul Metropolitan Government B.

No person shall place a false label on the food containers, etc. with regard to the names, manufacturing methods, quality and nutrition labelling, genetically modified foods, and the labelling of food traceability.

Nevertheless, on October 2016, the Defendant: (a) carried a three metric tons purchased at the store of the foregoing “C”; (b) forged the distribution period on the container of the vegetable container using the word “C”; and (c) forged the distribution period by affixing “ December 20, 2017”; and (d) sold approximately KRW 480,840,00 to D, a three of the forged vegetable milk distribution period.

As a result, the Defendant displayed a different distribution period on the food container.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect against D or the accused by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. G statements;

1. Protocol of seizure/list;

1. Statement of trading, list of entry and departure transactions, and inquiry into the details of trading;

1. Investigation report (to secure 20 sets of hybrids and to confirm the retail prices of hybrids);

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (verification during the suspension of execution of sentence);

1. Article 95 Subparag. 1 of the former Food Sanitation Act (Amended by Act No. 15484, Mar. 13, 2018); Articles 13(2) and 13(1)2 of the same Act regarding criminal facts; selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are almost since 2009.

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