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(영문) 인천지방법원 2014.01.21 2013고단7710
식품위생법위반
Text

Defendants shall be punished by imprisonment for eight months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall sell foods, etc., 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, etc. for sale.

1. On July 22, 2013, Defendant A purchased 600 km of domestic agricultural products, such as the trend, shoulder, ground bed, etc., imported without filing an import declaration at the Pyeongtaek-si International Passenger Ship Terminal located in Pyeongtaek-si 570, Pyeongtaek-si, Pyeongtaek-si, and sold them to E, etc. from around that time to August 10, 2013 without filing an import declaration by the same method eight times in total, as shown in attached Table 1, and sold 5,900 km of domestic agricultural products from among imported agricultural products.

2. The Defendants conspired to sell or store 13,950 kilograms of domestic agricultural products imported without filing an import declaration at the same place as on August 12, 2013, from among the sources of watch that they purchased 1,050 g of domestic agricultural products, such as ancient, shoulder, and bean, and sold them to E, etc. from around that time to September 12, 2013, without filing an import declaration in the same manner as shown in attached Table 2, and without selling or storing 13,950 g of domestic agricultural products imported for sale.

Summary of Evidence

1. Defendants’ legal statement

1. Records of seizure and the list of seizure;

1. Each photograph, camera, real estate sales contract, A Nowon-gu copy, and photographic data by item;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Article 94 Subparag. 1 and Article 4 Subparag. 6 of the Food Sanitation Act, Article 30 of the Criminal Act, and the choice of imprisonment, respectively.

1. Defendants subject to suspended execution: The confession of the Defendants under Article 62(1) of the Criminal Act, and the mistake thereof are divided; Defendant A does not have any criminal records exceeding the same kind of punishment and fine; Defendant B’s participation in the crime and circumstances.

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