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(영문) 서울서부지방법원 2018.07.20 2018고단917
식품위생법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates “D” as a food manufacturing and processing business entity in Orcheon-gu, Oral-si C.

1. Foods or additives, the standards and specifications of which are determined, shall be manufactured, imported, processed, used, cooked, or preserved in accordance with such standards, and foods or additives that fail to meet such standards and specifications shall not be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved, or displayed for sale;

Nevertheless, around September 15, 2015, the Defendant manufactured new my own food additives which cannot be used for the protruding food while manufacturing the frying horse in the above D around September 15, 2015, with a view to raising the frye of the frye.

In addition, from September 15, 2015 to May 15, 2017, the Defendant manufactured 131,805 protruding food equivalent to KRW 2,388,518,320, by adding new Schlage as shown in attached Table 1 in the same manner.

2. A person who manufactures or processes foods shall prepare documents concerning the production and work records of his/her business, and documents pertaining to the storage, delivery, and use of raw materials for the purposes of maintaining business hygiene and order, and promoting national health, and shall not prepare false documents;

Nevertheless, from September 6, 2016 to April 25, 2017, the Defendant purchased 180 km equivalent to KRW 944,50 from D, and used the 180 km to manufacture and process food, such as sprinking Kim horse. However, the Defendant made a false statement in the number of raw materials in a manner that does not state the details of the storage, delivery, and use in the documents pertaining to raw material receipts and disbursements in the documents pertaining to raw material receipts and disbursements.

3. A business operator who manufactures, processes, cookss, cooks, subdivides or distributes raw milk, among freezing foods, shall comply with food safety management and certification standards publicly notified by the Minister of Food and Drug Safety.

Nevertheless, the Defendant has an important management point from March 1, 2013 to July 11, 2017.

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