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(영문) 춘천지방법원 속초지원 2017.06.07 2017고정29
식품위생법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a D restaurant in the early stage C.

If necessary for national health, the Minister of Food and Drug Safety shall determine and publicly notify matters concerning foods for sale or food additives, and in cases of foods or additives, the standards and specifications of which are determined accordingly, he/she shall manufacture, import, process, use, cook and preserve such foods or additives in accordance with such standards, and shall not sell foods or additives that fail to meet such standards and specifications, or manufacture, import, process, use, cook, store, subdivide, transport, preserve or display such foods or additives for sale.

On the other hand, on March 1, 2012, the Minister of Food and Drug Safety amended “Standards and Specifications” (Public Notice No. 2011-41, “Public Notice No. 2011-41,” but in light of the records, the Ministry’s “Public Notice No. 2011-41,” is deemed to be a clerical error in the “Public Notice No. 2011-41, and is corrected as above);

Since oil values are prohibited from being used as domestic raw materials, they shall not be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved or displayed for sale purposes.

Nevertheless, around April 22, 2015, the Defendant purchased at KRW 50 km-gu 300,000,000 from E, an oil seller in Busan, and sold it to customers who found the above restaurant around that time. From then to October 5, 2015, the Defendant purchased total of KRW 130 km-gu 780,000, in total, three times from that time to around October 5, 2015, and sold it to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. In the name of the F, the details of transactions in the bank account;

1. Subparagraph 201-41 (the part related to oil) of the notification of the Ministry of Food and Drug;

1. An investigation report (the necessity of individual number of persons suspected of being suspected of selling and selling oil in the Republic of Korea), commencement report of internal investigation, internal investigation report (explosion of oil on the spot of illegal circulation transactions, such as suspected companies, etc.) and response to requests for appraisal;

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