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(영문) 광주지방법원 2018.01.09 2017고정1643
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a person operating a distribution company that supplies sun-dried salt, etc. to wholesalers in the trade name of Gwangju Northern-gu C.

No foods, etc., the labels of which are determined in accordance with the standards for labeling of foods, etc. of the Minister of Food and Drug Safety shall be sold, imported, displayed, transported, or used for business purposes, unless they are indicated in compliance with such standards.

Nevertheless, on May 2, 2017, the Defendant received approximately 8,000 square meters per 1 distribution unit (18 tons) of sun-dried salt with no indication meeting the standards, such as the business explanation, location, and circulation time, from F located in E at a credit time, and sold it to B operating the said F.

2. Defendant B is a person who operates a distributor that supplies sun-dried salt, etc. to wholesalers with the trade name of F from E when inf.

No foods, etc., the labels of which are determined in accordance with the standards for labeling of foods, etc. of the Minister of Food and Drug Safety shall be sold, imported, displayed, transported, or used for business purposes, unless they are indicated in compliance with such standards.

Nevertheless, from May 2, 2017 to May 22, 2017, the Defendant purchased approximately 600 square grams (18 tons) of domestic sun-dried salt (18 tons) from the said A with no indication meeting the standards, such as the description of the business, the vindication and location of the business, and the time limit for distribution in E, from May 2, 2017 to May 22, 2017, and sold or displayed it to unspecified customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on internal investigation;

1. Photographs photographs of violating places of business;

1. Application of statutes on business registration certificates;

1. The Defendants: Article 97 Subparag. 1, Article 10(2), and Article 10(1) (excluding punishment) of the Food Sanitation Act;

1. Defendants to be detained in the workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: each of them.

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