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(영문) 인천지방법원 2018.05.17 2018고단1963
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On January 19, 2018, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Food Sanitation Act at the Incheon District Court, and the said judgment became final and conclusive on May 12, 2018.

[Criminal facts] No person shall sell foods for which an import declaration has not been filed, or gather, manufacture, import, process, use, cook, transport or display such foods for sale.

The Defendant: (a) was on board the Chinese passenger ship between the Chinese tindo and the Incheon Port to supply and sell used domestic agricultural products that did not file an import declaration through a merchant; and (b) the Defendant collected agricultural products from each of the merchants and conspired to transport the agricultural products to storage storage if the Defendant collected them from D and E Lone Star Co., Ltd. and transported them to storage.

On May 31, 2017, the Defendant purchased and prepared agricultural products 1,310kg (purchase price of 3,784,000), such as 150kg in China, and sold the said agricultural products to the storage located in the Dong-gu Incheon Metropolitan City, by selling, subdividing, storing, and selling it to the customer in five times in total from that time until June 9, 2017, as shown in the attached Table 1 of the daily list of crimes, the sum of 7,741k (purchase price of 23,352,40 won) in the same manner as in the attached Table 7,741k (purchase price of 23,352,400 won) from among the Republic of Korea, which had not been reported from the merchants of the Republic of Korea.

Accordingly, the Defendant sold foods, etc. which did not import declaration in collusion with F, or stored, subdivided or transported them for sale.

Summary of Evidence

1. Statement by the defendant in court;

1. Some description concerning F in the police interrogation protocol; and

1. A protocol of seizure and a list of seizure;

1. Each internal investigation report and each investigation report;

1. Each photograph;

1. Previous convictions in the judgment: A criminal investigation report (the confirmation of a case pending in the trial: the period of two trials), one copy of the judgment of the court of first instance related to the case, and a forwarding letter (the person on May 16, 2018).

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