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(영문) 인천지방법원 2018.04.13 2017고단9291
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 imports heavy domestic agricultural products from merchants on board a Korean passenger ship, and sells them at the large belt in Seoul Special Metropolitan City.

No one shall sell foods, the import of which is prohibited or imported without filing an import declaration, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods for the purpose of sale.

Nevertheless, at around 17:40 on November 22, 2017, the Defendant purchased 175 km of domestic agricultural products from 75 km to 700,000 won, and moved the 23-42 Incheon Nam-gu at the entrance of the second apartment house at the entrance of Jung-gu Incheon, Jung-gu, Incheon, and then stopped at the entrance of the above apartment at 147 Incheon, 207 Incheon, and 147 Incheon, 200, and 300,000,000 won.

Accordingly, the defendant transported food for sale for which no import declaration was filed.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes concerning seized articles in violation of the Food Sanitation Act;

1. Relevant Article 94 (1) 1 and Article 4 subparagraph 6 of the Food Sanitation Act concerning facts constituting an offense, and Articles 94 (1) 1 and 4 of the same Act concerning selective punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Even though the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had a record of being punished by a fine for the same kind of crime in 2005, the crime of this case is not less complicated than that of the crime of this case.

However, the defendant seems to have led to the confession of crime and to reflect the mistake.

Due to economic difficulties, the defendant seems to have committed the crime of this case.

All purchases shall be confiscated, and shall be during the time of seizure.

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