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(영문) 서울동부지방법원 2014.11.07 2014고정1522
식품위생법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates D Co., Ltd., a food importer-distributor in Songpa-gu Seoul Metropolitan Government Cdong 512.

Foods or food additives, the standards and specifications of which are determined, shall be manufactured, imported, processed, used, cooked or preserved in accordance with such standards, and no foods or food additives, which fail to meet such standards and specifications, shall be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved or displayed for sale.

From September 13, 2013 to December 23, 2013, the Defendant sold to the said D Co., Ltd., the said D Co., Ltd. 2,220 freezing 2,220 boxes (weight : 17,316 g, selling price: 245,632,79 won) of Vietnam, which is food that does not meet the standards and specifications, due to detection of oriental substances.

Accordingly, the defendant sold foods or food additives that do not meet the standards and specifications.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. In the application of Acts and subordinate statutes, an investigation report (including a report on the attachment of documents, accompanying documents, and accompanying documents related to the inspection of the raw milk in Vietnam, the same shall apply hereinafter), an investigation report (report on the results of the inspection of the "Korea-China"), an investigation report (report on the definition, criteria, and specifications of the "foreign goods" on the food code), an investigation report (report on the storage and collection certificate), an investigation report (report on obtaining a copy of the request for release of the DNA frozen new products), an investigation report (report on attaching documents received from the importing company in relation to the freezing snbling, accompanied by a written report received from the importing company), an investigation report (report on the details of sale of the DNA new products);

1. Article 95 of the Food Sanitation Act applicable to the relevant criminal facts, Articles 95 subparagraph 1 and 7 (4) of the same Act, the selection of punishment, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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