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(영문) 서울중앙지방법원 2013.10.04 2013고정4531
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates Chinese food store with the trade name “C” located in Gwanak-gu in Seoul Special Metropolitan City.

No one shall sell foods, etc. imported without filing an import declaration, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless, from May 2013 to July 4, 2013, the Defendant displayed two chemical decorations, one sulfur (i.e., raw food), two primary spawneds, and one red spawneds for sale, which are food imported without filing an import declaration at the said establishment.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes governing seized articles;

1. Relevant Article of the Criminal Act and subparagraph 1 of Article 94 of the Food Sanitation Act and subparagraph 6 of Article 4 of the same Act concerning the selection of punishment;

1. Articles 70 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;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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