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(영문) 대전지방법원 2014.08.14 2013고정2288
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. In indicating the date of manufacture or the expiration date of distribution, no person who is a defendant A shall indicate false contents;

The defendant is a inside director of the B stock company in Chungcheongnam-gun E and a person who actually operates the said corporation.

The Defendant reported the term of distribution to the Geumsan-gun Office, the competent authority, on the “F” product, and reported the term of distribution as 18 months from the date of production.

As the Defendant completed an inspection on “F” products manufactured between January 6, 2012 and January 17, 2012, the Defendant indicated the distribution period of the said products as “ July 17, 2013.” Nevertheless, the Defendant produced 900 boxes, and indicated the distribution period to at least 55 boxes among them as “ January 21, 2015.”

Accordingly, the Defendant indicated the distribution period differently from the fact.

2. The Defendant Co., Ltd. is a corporation established for the purpose of manufacturing and selling red ginseng and red ginseng products.

The Defendant, who is a inside director and is practically operating the said corporation, indicated the date and time as specified in paragraph (1) and the period of circulation of “F” product in the same manner as specified in paragraph (1) in relation to the Defendant’s business at the place.

Summary of Evidence

1. Each police suspect interrogation protocol concerning G;

1. Each police statement of H and G;

1. The application of Acts and subordinate statutes concerning report on internal investigation (Attachment of photographs suspected of altering the term of validity);

1. Article 97 Subparag. 1 of the former Food Sanitation Act (Amended by Act No. 11000, Aug. 4, 2011; hereinafter the same shall apply) and Article 13(1)2 of the same Act; Defendant B, who is selected to impose a fine, shall choose to impose a fine; Articles 100, 97 Subparag. 1 and 13(1)2 of the same Act; Articles 100, 107 Subparag. 1 and 13(2) of the same Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: the Defendants under Article 334(1) of the Criminal Procedure Act.

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