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(영문) 대전지방법원 천안지원 2017.03.23 2016고정799
식품위생법위반
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Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A Co., Ltd. is a corporation established for the purpose of wholesale and retail business of agricultural and fishery products. Defendant A is the representative of Defendant B.

(a) A person who intends to run a food-related manufacturing or processing business shall report to the head of the competent authority by type of business or place of business;

Defendant A, without reporting to the head of the competent authority on May 12, 2016, sold 12 (32,600 won) of the Jinjin on around May 12, 2016, and operated a spot sales manufacture and processing business by displaying it for sales purposes, namely, a spot sales manufacturing and processing business (40 won x 4 x , 2500 won x 4 x 5900 won x 2).

(b) A person who intends to sell food at a business establishment, the area of which is not less than 300§³, such as department stores, Schlages, and chain stores, shall report to the head of the competent administrative agency by type of business or place of business;

However, Defendant A, without reporting to the head of the competent authority, engaged in food sales business with the name of “B” from February 2, 2016 to May 12, 2016.

2. Defendant B, Defendant B, at the date and place specified in paragraph (1), Defendant B, the representative of Defendant B, committed a violation as described in paragraph (1) with respect to the Defendant B’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. The current status map of each building, the location map/Placement map of food sanitary business establishment, and the commercial building lease agreement;

1. A business registration certificate, a real estate lease contract, and a certificate fully registered;

1. Application of relevant photographs, current status of sales, and Acts and subordinate statutes to display photographs of products;

1. Relevant legal provisions and choice of punishment on the crime;

A. Defendant A: Articles 97 subparag. 1 and 37 subparag. 4 of the Food Sanitation Act, and the choice of fines

B. Defendant B: Articles 100, 97 subparag. 1, and 37 subparag. 4 of the Food Sanitation Act.

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