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(영문) 인천지방법원 2013.11.29 2013고정3423
식품위생법위반
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a person who is engaged in the business of manufacturing and distributing red paper powder with the trade name of Yeonsu-gu Incheon Metropolitan City D, and the defendant A is a distributor who supplies the red paper powder to a restaurant while working for the above E.

Foods or food additives, the standards and specifications of which are determined, shall be manufactured in accordance with such standards, and no foods or food additives which fail to meet such standards and specifications shall be sold or manufactured, processed, transported, preserved or displayed for sale.

Nevertheless, from the beginning of March 2013 to May 3, 2013, the Defendants conspired to purchase and keep 1.14t of domestic damp-water domestically produced in the “G” located in the Incheon Jung-gu, Incheon, and made a mixed b.28t of Chinese white-water mixed with Chinese white-water mixed with the ratio of 5:4:1, and sold it to a single kg of Chinese red-water, which is not a mixed blick-water, with a false indication of KRW 8,00,000, and with a mutual aesthetic restaurant, etc.

Summary of Evidence

1. Defendants’ respective legal statements (the Defendant A is on the second trial date)

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Each of the Defendants shall be subject to a fine under Article 97 Subparag. 1 and Article 13(1)2 of the Food Sanitation Act, Article 30 of the Criminal Act, Article 95 Subparag. 1 and Article 7(4) of the Food Sanitation Act, Article 30 of the Criminal Act (the point of sale of food that does not meet the standards), and each of them shall be

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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