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(영문) 인천지방법원 2017.06.09 2017고합195
식품위생법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B On November 19, 2015, the Seoul Southern District Court was sentenced to a fine of three million won for a violation of the Food Sanitation Act at the Seoul Southern District Court, and the judgment became final and conclusive on November 27, 2015.

Food imported by a business operator to a foreign country for sale or business purposes (hereinafter referred to as "import food") shall file an import declaration with the Minister of Food and Drug Safety, and no person shall sell imported food without filing an import declaration or collect, manufacture, import, process, use, cook, store, subdivide, transport or display imported food for sale.

Nevertheless, the Defendants did not report the import of agricultural products purchased in China by using international passenger ships in China and Incheon, and conspired to purchase and sell agricultural products from the names influences (i.e., one person, one person, or one person, referring to the “e.g.,” or one person,” hereinafter “e.g., one person,” and the head of Incheon Port 1 International Passenger Terminal located in Jung-gu, Incheon around March 29, 2017, and Defendant A purchased approximately KRW 605 km in total agricultural products, such as a shoulder, which was purchased in China from each other, depending on his name and influence, and Defendant B stored agricultural products purchased as above in the Eystar flus and fco-do, which stopped in the vicinity of the above terminal, respectively.

Accordingly, the Defendants conspired to transport and store approximately KRW 605 km agricultural products for sale without filing an import declaration.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on investigation (a certificate of seizure and attachment photograph - a seizure certificate and a seizure photograph);

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, (B) and application of Acts and subordinate statutes of investigation report (verification of the same record as suspect B);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Articles 94(1)1 and 4 Subparag. 6 of the Food Sanitation Act, Article 30 of the Criminal Act, and the choice of imprisonment

B. Defendant B Article 94(2) of the Food Sanitation Act.

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