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(영문) 청주지방법원 충주지원 2014.11.26 2014고정89
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A person who intends to run a spot-sale food manufacturing and processing business without reporting business shall file a report with the competent authority;

Nevertheless, from September 2009 to May 2013, 2013, the Defendant, without reporting to the competent authorities in Chungcheong City C, received the mining expense for the manufacturing of liquid fertilizers in D, which is a non-processing and wholesale retail company, for which the period of circulation has expired, and processed the mining expense for the manufacturing of liquid fertilizers, and directly sold it to consumers, and run the manufacturing and processing business of tin food.

2. No one shall sell harmful foods, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display harmful foods for sale, foods mixed with or added to other substances, or foods likely to harm human health for other reasons;

Nevertheless, around September 1, 2009, the Defendant collected 1 ton truck of 5 tons of light digging expenses supplied for the manufacture of liquid fertilizers after the expiration of the circulation period from E, and manufactured the salted fish in a manner of spraying and spraying salt, and sold to F on May 1, 2013, and manufactured 32 ton plastic box of 300 square meters for the purpose of sale.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of F;

1. Each police statement concerning G, H, E, and I;

1. Application of Acts and subordinate statutes for reporting internal investigation;

1. Relevant legal provisions concerning criminal facts, Subparag. 1 of Article 97 and Article 37(4) of the former Food Sanitation Act (amended by Act No. 11819, May 22, 2013; hereinafter the same shall apply), Subparag. 1 of Article 94 and Subparag. 4 of the former Food Sanitation Act (amended by Act No. 11819, May 22, 2013; hereinafter the same shall apply), the selection of fines, etc.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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