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(영문) 대전지방법원 서산지원 2014.08.21 2014고정180
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant registered the business of manufacturing and processing food on February 14, 2007 and processed the salted fish weds, etc. with the trade name of “Cagricultural corporation” and sells food through store and Internet advertisement.

Although no one does make a false advertisement on the raw materials of food, the defendant processed a common fishing village so that it was produced in the Gyeongnam Doctrine area within the factory office of the CF corporation located in Seosan City at the end of September 2013, the defendant posted a false advertisement by stating that "I will use only special 4 and domestic materials" with the description of "I will use them with the character of "I will use them," all raw materials, such as digging, adding, fluor, sun-dried salt, etc., which are all Korean agricultural products in our region, as if the fish, which is the raw materials of fished in the west Doctrine area, was produced in the west Doctrine area."

Summary of Evidence

1. Partial statement of the defendant;

1. Posting a notice in the column for information on products on Internet homepage;

1. Application of Acts and subordinate statutes of the origin certificate and specifications of transactions;

1. Article 95 of the Food Sanitation Act and Articles 95 subparagraph 1 and 13 (1) 2 of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the advertising phrase of this case emphasizes the use of domestically produced materials, not that of using domestically produced materials as principal raw materials, and that there was no intention to advertise false facts to the Defendant.

The following circumstances recognized by the evidence, namely, the Defendant, on its own website, is not more than 's fished'.

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