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(영문) 대구지방법원 2014.01.16 2013고단6443
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 13, 2012, the Defendant is a person who is engaged in the manufacturing industry of food, such as clouds, with the trade name “D” in Daegu-gu, Daegu-gu, by having 5.94 square meters of the size of 55.94 square meters installed, such as one slouds, one stone slopped slods, two sloppeds, two oil tanks, three oil tanks, and one shoulder washing machine.

Foods or food additives, the standards and specifications of which are determined, shall be manufactured, imported, processed, used, cooked or preserved in accordance with such standards, and no foods or food additives, which fail to meet such standards and specifications, shall be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved or displayed for sale.

Nevertheless, from October 2012 to February 2013, the Defendant: (a) purchased food maintenance, such as native milk, from “E” located in Daegu Seo-gu, in a manner that combines the instant “D” plant; (b) from around October 2012 to around February 2013, the Defendant purchased food maintenance, such as native oil, from “E”; and (c) mixed the Defendant’s vegetable oil, and sold at a rate of 30% of the vegetable oil, 30% of the vegetable oil, 40% of the vegetable oil, 40% of the vegetable oil, and 50% of the vegetable oil with the name of “F”, “G”, and products “H”; and (d) manufactured a fake oil in a manner that combines it with those of “F”, “H”, the market price of 300 won, 3050, and 50% of the market price of the relevant food sales enterprise, including I.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against J, K, or L;

1. Each test report (H and G);

1. Reports on internal investigation (limited to attachment of copies of DNA seized articles);

1. Details of a copy of the work site and sale site, those of entry into and withdrawal from a Daegu Bank in the name of Daegu Bank, and those of entry into and withdrawal from the Nonghyup Bank in the name of Nonghyup Bank A;

1. Application of Acts and subordinate statutes to investigation reports (the filing of a statement of sales of fake names);

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 95 subparagraph 1 and 7 (4) of the Food Sanitation Act that choose a sentence;

1. The criminal defendant under Article 62(1) of the Criminal Act shall commit the suspended execution;

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