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(영문) 서울중앙지방법원 2014.10.16 2014고정3969
식품위생법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who imports and sells domestic agricultural products.

Any person who intends to import foods, etc. for sale or business purposes shall report such foods, etc. to the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister, and shall neither sell imported foods, etc. nor gather, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless, at around 14:00 on June 15, 2014, the Defendant, without filing an import declaration, carried domestic land bean 7.5kg, melted 5kg, Pogo 5kg, Mango 5kg, Mango 5kg, Mango 5kg, Mango 5kg, and Mango 5kg, that was imported for sale through the Incheon Jung-gu International Passenger Terminal 2 International Passenger Terminal with 1-59, Jung-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to Materials regarding Immigration Investigation of Suspects);

1. Relevant Article of the Criminal Act and Articles 94 (1) 1, 4 subparagraph 6, and 19 (1) of the Food Sanitation Act (Selection of Fine) concerning the selection of criminal facts;

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

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

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