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(영문) 서울북부지방법원 2014.03.25 2013고정2966
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall manufacture, import, process, use, cook, or preserve foods or food additives, the standards and specifications of which are determined, in accordance with such standards, and no one shall sell foods or food additives, which fail to meet such standards and specifications, or manufacture, import, process, use, cook, store, subdivide, subdivide, transport, preserve or display such foods or food additives for sale, and no one shall place any label or advertisement different from facts or exaggerated with regard to the names, manufacturing methods, etc. of foods, etc.

Nevertheless, the Defendant, while selling food with the trade name “D” on the second floor of Dongdaemun-gu Seoul Building C, was recognized to be inappropriate for food around April 22, 2013, and the Defendant’s name was falsely indicated as “sewage” when manufacturing and selling products of “hypium” at KRW 389,400 from around that time to October 8, 2013, by packaging “hypium” which was not proven to be safe as food raw materials, and selling “hypium” which was not used for food as food as food, and selling them at KRW 32,00 as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Data on search of food and raw materials on the food and drug site website;

1. Data output of promotional materials on the D website;

1. Response to the request for appraisal;

1. Application of the Acts and subordinate statutes governing sewage shaped photographs packed and sold by the suspect;

1. Article 95 Subparag. 1, Article 7(4) of the former Food Sanitation Act (amended by Act No. 11986, Jul. 30, 2013; hereinafter the same shall apply), Article 97 Subparag. 1, and Article 13(1)2 of the former Food Sanitation Act (amended by Act No. 11986, Jul. 30, 201; hereinafter the same shall apply), the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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