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(영문) 청주지방법원 2020.08.19 2020고단792
식품위생법위반
Text

Defendant

A shall be punished by imprisonment for six months, and by a fine of five million won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in a food manufacturing and processing enterprise in the name of “B” in Chungcheongnam-gun, Chungcheongnam-gun, and Defendant B is a corporation established for the purpose of manufacturing and selling aquatic water.

1. Defendant A

(a) Any business operator who manufactures or processes foods or food additives in violation of the Food Sanitation Act due to foods violating the standards and specifications shall manufacture, import, process, use, cook, keep foods or food additives, the standards and specifications of which are determined, in accordance with such standards, and in cases of mixed beverages, the quantity of germs per 1,00 square meter, and in cases of mixed beverages, no business operator shall sell foods or food additives that fail to meet such standards and specifications, or manufacture, import, process, use, cook, subdivide, transport, preserve or display such foods or food additives for sale;

Nevertheless, the Defendant continued to manufacture and sell mixed beverages on the ground of economic difficulties without examining the cause, even though it is considered that there was a problem such as the disinfection of sprinks and the disinfection of lids, etc. in products manufactured around June 29, 2018, which are mixed beverages manufactured at the above business establishment, as a result of self-quality of “D”, and around June 29, 2018.

Accordingly, on November 10, 2018, the Defendant manufactured and sold “E” 9,960 disease (capacity 0.5 liters, KRW 1,095,60), which was confirmed to be inappropriate for germs, and sold to F Co., Ltd., as indicated in attached Table 1, as indicated in attached Table 1, from around November 10, 2018 to August 21, 2019, the Defendant manufactured and sold Class 30,180 mixed drinks that are inappropriate for germs during a total of five times from around August 10, 2018, and total amount of KRW 4,673,80.

(b) Any business operator who manufactures or processes foods violating the Food Sanitation Act due to the failure of self-quality inspections shall inspect foods manufactured or processed to meet the standards and specifications, and drinking water.

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