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(영문) 서울서부지방법원 2017.10.20 2017고정233
식품위생법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who manufactures and sells food in Gangnam-gun C, which is a de facto operator of the “D” of a factory, and mainly manufactures and sells frying, frying, and freezing.

1. A business operator who manufactures, processes, cookss, subdivides, distributes foods prescribed by Ordinance of the Prime Minister, such as freezings that comply with the food safety management and certification standards shall comply with food safety management and certification standards publicly notified by the Minister of Food and Drug Safety;

Nevertheless, the Defendant did not obtain the food safety management certification standards (HCCP) on July 2015, without obtaining certification as a business establishment subject to food safety management certification standards, and conspired to manufacture and supply “G” of the “G” of the “F” among the items subject to the E and the food safety management certification standards.

Accordingly, without obtaining certification as a business place subject to food safety management certification standards, the Defendant was entrusted with the manufacture of G, which is the freezing type of the food safety management certification standards, from E, and manufactured and sold the total amount of KRW 21,490 g and the market price of KRW 2,4386,50 by manufacturing it around July 14, 2015 and supplying it to the Fund in the Dispute Resolution Bank through E through E.

Accordingly, the defendant did not comply with the food safety management certification standards.

2. The business operator and his/her employees who manufacture or process foods or additives in violation of the rules of business operators shall prepare documents pertaining to the production and work records and documents pertaining to the storage, delivery, and use of raw materials, and shall keep such documents for three years from the date of the last entry;

Nevertheless, on July 14, 2015, the Defendant was entrusted by E with the total amount of KRW 21,490km of “G” of “G” of “F” and the market price of KRW 2,438,500,000, and the Defendant did not prepare all documents related to production and work records and documents related to raw material receipts.

Accordingly, the Defendant violated the obligation of the business operator.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol against the defendant by the special judicial police officer

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