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(영문) 서울중앙지방법원 2014.05.21 2013고정6375
식품위생법위반
Text

The sentence of a fine against the accused shall be suspended.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

The defendant operates a general restaurant with the trade name of "D" in Yeongdeungpo-gu Seoul Metropolitan Government.

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

Nevertheless, between October 10, 2013 and October 16, 50 of the same year, the Defendant prepared and sold the red powder powder carried in in China without filing an import declaration with the Minister of Food and Drug Safety from October 10, 2013 to October 24, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of seizure and the list of seizure;

1. Application of statutes governing field control photographs;

1. Relevant Articles 94 (1) 1 and 44 subparagraph 6 of the Food Sanitation Act concerning facts constituting an offense;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) and (2) of the Criminal Act of the suspended sentence (the defendant is the first offender who has no criminal history, and some of the motives and circumstances leading to the crime are taken into account, and the age, character and conduct, occupation and environment of the defendant, methods and results of the crime, circumstances before and after the crime, and all other circumstances shown in the records and arguments of the case shall be taken into consideration);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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