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(영문) 서울남부지방법원 2017.01.19 2016고정2789
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who engages in the wholesale business of agricultural and fishery products in the name of Guro-gu Seoul Metropolitan Government building B and 504 "C".

1. No food, etc. for sale in violation of labelling standards shall be sold, imported, displayed, transported for sale, or used for business unless labels meeting such standards are marked;

Nevertheless, from December 2, 2015 to October 2016, the Defendant supplied food supplier D and E with a product name, food type, size, manufacturing cost, distribution deadline, manufacturing date, and other marks specified in the Standards, and supplied them for business purposes. The Defendant supplied them with a total of 1,161 Byung (13,109,50 won) (13,109,50 won).

2. No person who violates prohibition against false labelling, etc. shall indicate or advertise the date of manufacturing or the deadline for distribution of foods, etc. different from the facts;

Nevertheless, the Defendant indicated the date, time, and place indicated in paragraph 1, and indicated the date of manufacture different from the fact by attaching a label indicating the date of voluntary manufacture, using flexible fences and rubbers, to 1,161 C in total of 1,161 C (13,109,50 won).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of business registration certificate;

1. On-site photographing photographs;

1. Details of transactions (D);

1. A statement of the payment of goods (E) applying Acts and subordinate statutes;

1. Relevant legal provisions and Articles 97 subparagraph 1, 10 (2) (which violates labelling standards), 95 subparagraph 1, and 13 (1) 2 (which violate prohibition against false labelling, etc.) of the Food Sanitation Act (which choose a fine) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

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