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(영문) 수원지방법원 안산지원 2015.10.14 2015고단1844
식품위생법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. No food, the standards for labeling of which are determined, shall be sold, imported, displayed, transported, or used for business purposes for sale, unless it is labeled that such standards are satisfied;

Nevertheless, the Defendant operated a food manufacturing and processing company with the trade name “Co. B” in the building located in Ansan-si, Ansan-si, and sold a total of KRW 7,107,524,245,000 from September 1, 201 to May 14, 2015 without indicating matters concerning food labeling, such as the name of food, the name of business, and the date of manufacturing.

2. The Defendant B, a representative director, sold products produced by the Defendant Company, without indicating matters concerning food labeling, such as the name of food, the name of the business place, and the date of production, as prescribed in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes on criminal report and detection of business places;

1. Article 97 subparagraph 1 of the Food Sanitation Act - Articles 97 and 10 (2) of the same Act concerning criminal facts A - The defendant corporation B: Article 100 of the Food Sanitation Act, Articles 97 subparagraph 1 and 10 (2) of the Food Sanitation Act;

1. Defendant A: The Defendants led to the sentencing of Articles 70(1) and 69(2) of the Criminal Act to the crime of this case; the above cities are not distributed and sold to many and unspecified persons; the products directly delivered to the involved children are not certain that the degree of infringement of legal interests due to the crime of this case is extremely difficult; the Defendants are carrying out lawful act of expression after the control of the crime of this case; the Defendants are the first offender; the Defendants are the first offender; and the contents of reference materials submitted by the Defendants.

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