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(영문) 서울서부지방법원 2018.01.24 2017고정1453
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates an industrial establishment with a trade name “D” located in Mapo-gu Seoul Metropolitan Government and the first floor.

No person shall sell foods or additives imported without filing an import declaration under Article 20 (1) of the Special Act on Imported Food Safety Control with the competent authority or without filing an import declaration under Article 20 (1) of the same Act, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods or additives for sale.

Nevertheless, between November 21, 2016 and May 11, 2017, the Defendant manufactured the so-called Makabroin 16, which was imported without filing an import declaration, using the so-called Mabroin 16 paper, and sold it to 318,100 won through the Internet shopping mall operated by himself.

Summary of Evidence

1. The defendant's legal statement (the legal statement at the second public trial date);

1. Details on the adjustment of the quantity of a non-reported color photo-printed printed materials, or a non-reported import color-book;

1. A copy of a business report;

1. Application of each investigation report and the statutes governing details of sales of online marina;

1. Relevant legal provisions and Article 94(1)1 and Article 4 Subparag. 6 of the Food Sanitation Act concerning facts of crime; 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;

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