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(영문) 의정부지방법원 2014.03.13 2013고단4569
식품위생법위반
Text

A defendant shall be punished by imprisonment for one year and a fine of 10,000,000 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

Foods or food additives, the standards and specifications of which are determined by the Minister of Food and Drug Safety in accordance with the public announcement of the standards and specifications for ingredients, shall be manufactured, imported, processed, used, cooked, or preserved in accordance with such standards and specifications. Foods or food additives, which fail to meet such standards and specifications, shall not be sold, or manufactured, imported, processed, used, cooked, stored, transported, preserved or displayed for sale. According to the food code, in cases of the manufacture of molds, they may be used only for straws generated from the straw of raw materials, and they shall not be used separately by adding straws.

Nevertheless, around December 2012, the Defendant manufactured and sold 23,476 km in total in the same manner as indicated in the annexed crime list from around September 2013, and stored 1,200 km for the purpose of selling them, by purchasing scam separately from the Defendant’s “D” factory in Macheon-si, and mixing it with the domestic freezing, etc. in Korea.

As a result, the Defendant manufactured, sold and stored food for sale in a way that does not meet the standards.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. The food code and the investigation report (the details of the delivery of molds, molds and powder);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act and Articles 95 subparagraph 1 and 7 (4) of the Food Sanitation Act (Concurrent imposition of imprisonment and fines);

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not meet the standards and specifications of the Food Sanitation Act, and that the amount of red paper powder sold is considerable.

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