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(영문) 서울중앙지방법원 2014.12.11 2014고정5028
식품위생법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who imports, transports, or sells agricultural products not reported domestically.

No person shall sell food, etc., the import of which is prohibited or which has failed to file an import declaration with the Minister of Food and Drug Safety, or import or transport

Nevertheless, around 17:50 on September 15, 2014, the Defendant imported domestic agricultural products without filing an import declaration in the manner of receiving approximately KRW 305 km from the sum of the items of approximately 305 km, namely, agricultural products not reported in China in the middle-gu, China, on the purpose of sale at the 17:50 Incheon International Passenger Terminal 1 International Passenger Terminal, and transported approximately 1.6 km to the Jung-gu, Incheon, Jung-gu, Incheon, about 86 km-ro, 47, 46 km-ro, and 1.6 km-ro parking lot.

Accordingly, the Defendant imported and transported used domestic food for sale for which an import declaration was not filed.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment under Articles 94 (1) 1 and 44 subparagraph 6 of the Food Sanitation Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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