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(영문) 대전지방법원 2017.04.21 2017고정362
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who actually operates a food entertainment business with the trade name "C" from the Sejong Special Self-Governing City B and the first floor.

A food entertainment business operator shall not subdivide, transport, display or keep products, foods or raw materials thereof, the distribution period of which has elapsed, for the purpose of cooking and selling, sell such products, foods or raw materials thereof, or use them for the manufacture or processing of foods.

Nevertheless, on July 8, 2016, the Defendant kept 33 in the cooling house for the purpose of cooking and selling 5 days (320g per 320g per 320g) elapsed from the date of distribution (up to the 3th day of the same month).

As a result, the Defendant violated the code of practice of food service providers by storing products, the distribution period of which has expired, for cooking and selling.

Summary of Evidence

1. Statement by the defendant in court;

1. Official text requesting an investigation;

1. Application of statutes to on-site photographs and reports on confirmation of the implementation of administrative dispositions;

1. Relevant legal provisions concerning facts constituting an offense and subparagraph 6 of Article 97 and Article 44 (1) 3 of the Food Sanitation Act (opportune of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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