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

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

Punishment of the crime

The Defendant is a person who actually operates a food manufacturing and processing business establishment with the trade name of “D” in C when it is commercialized.

Foods, etc., the standards for labeling of which are determined shall not be sold, imported, displayed, transported, or used for business for the purpose of buying them (Article 10(2) of the Food Sanitation Act), and food manufacturers or processors shall prepare documents related to raw material receipts and disbursements for the storage, delivery, and use of raw materials, and keep them for three years from the date of the final entry thereof.

(The facts charged in the indictment under Article 42(1) of the Food Sanitation Act are stated as “Article 44(1).” However, this appears as “Article 42(1)” and it is corrected as there is no impediment to guaranteeing the defendant’s right of defense. Article 55 and subparagraph 1 of the attached Table 16 of the Enforcement Rule of the same Act. Nevertheless, the defendant displayed 3.65km-unit 106 packaging units among “E” products produced from October 9, 2014 to October 22, 2014 without indicating the product name, content, and circulation time limit, and displayed at the place of business (ware) for business purposes without indicating the product name, content, and distribution time limit, and did not prepare documents related to raw material receipts while producing “E” products.

Summary of Evidence

1. Defendant's legal statement;

1. Report of investigation (report on detection of food Sanitation Act) and confirmation of violation;

1. Copy of business registration certificate of food manufacturing and processing business, copy of business notification certificate of food subdivision business, copy of product manufacturing report, and copy of working place;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 97, Article 10 (2) of the Food Sanitation Act (which uses a business of food with no indication meeting the standards), subparagraph 6 of Article 97, Article 42 (1) of the Food Sanitation Act (which uses a business of food with no indication meeting the standards), the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.