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(영문) 춘천지방법원 원주지원 2013.07.24 2013고단303
식품위생법위반등
Text

Defendant

A and B shall be punished by imprisonment for one year, and by imprisonment for six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. A or a person who intends to import foods, etc. for the purpose of selling them for sale or for the purpose of business shall file a report with the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister, and shall not import soil or plants with soil attached thereto;

The Defendants were willing to purchase local brain ginseng of low-cost with soil attached at home, carry them into China and the Republic of Korea, and sell them at a low-cost with the aim of selling them in Korea.

On May 6, 2013, the Defendants: (a) around May 6, 2013, entered the Incheon Port Passenger Terminal located in Jung-gu Incheon, Jung-gu, Incheon; (b) had the merchants enter the Republic of Korea with soil attached by holding the 4,204 ppuri 4,204; and (c) again collected it; and (d) sold part of the cerebral ginseng to C, etc. around the 8th of the same month.

As a result, the Defendants conspired to import China-China with soil without making an import declaration for the purpose of sale and without importing it.

2. No person who has sold agricultural and fishery products or the processed products thereof labeled as the country of origin disguised, or stored or displayed such products for the purpose of sale, mixed with other agricultural and fishery products or the processed products thereof;

On May 8, 2013, the Defendant sold 1,231 ppuri 1,231 domestically produced from A and B at a farm operated by the Defendant at Chicago-si, the Defendant sold them to F, without any indication of origin, by means of a disguised sale of the country of origin.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning G and F;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to notify the result of sample appraisal;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and B: Articles 95 subparag. 1 and 19(1) of the Food Sanitation Act, Article 30 of the Criminal Act (the point of not reporting food import for sale, the choice of imprisonment), and Article 47 of the Plant Protection Act.

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