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(영문) 수원지방법원 2016.04.21 2016고정351
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 3,500,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative of the public company B, and the defendant corporation is a corporation established for the purpose of manufacturing and selling food.

1. Defendant A

(a) No one shall make any false, exaggerated or secret labelling or advertisement with respect to the name of food, etc., manufacturing method, quality or nutrition labelling, genetic materials, associations of food, etc., and the indication of tracking and controlling food history, and no exaggerated packaging shall be allowed for packages;

Nevertheless, from November 1, 2015 to November 27, 2011, the Defendant manufactured 26 products, such as D, from L, etc., 26 products, and stored in freezing storage without indicating the date of manufacture, and then made a false display of the date of shipment to the date of shipment. In addition, the Defendant arbitrarily extended the period of distribution for up to 20 days by up to 3 days by means of indicating the date of shipment as if it were the date of manufacture.

Accordingly, from November 1, 2015 to November 27, 2011, the Defendant sold an amount equivalent to KRW 929 20,868,028 of 26 products, such as “D,” which had been arbitrarily extended the distribution deadline, to 17 business establishments, including general restaurants E, etc. in Seongdong-gu Seoul.

(b) No food, etc. whose standards for labeling are determined shall be sold, imported, displayed, transported for sale, or used for business unless the standards are indicated;

Nevertheless, the Defendant, from November 25, 2015 to November 27, 2015, stored ten products, such as “D,” without indicating the manufacturing date (the distribution date) as to the amount equivalent to KRW 94 2,031,960, without any further manufacturing process, for the purpose of selling them in the said company’s freezing storage, even though there was no further manufacturing process.

2. Defendant B, a representative of the Defendant, had Defendant A perform the same act as that of the Defendant’s business in relation to the Defendant’s business.

Summary of Evidence

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