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(영문) 전주지방법원 2015.09.24 2015고단1138
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Anyone who intends to run a food manufacturing and processing business, which is a business manufacturing and processing foods, shall register with the head of a Si/Gun/Gu.

Nevertheless, from September 1, 2013 to May 14, 2015, the Defendant: (a) concluded a franchise business agreement with five restaurants and franchise stores using the same trade name with trademark rights in Seongdong-gu Seoul Special Metropolitan City, D; (b) and (c) manufactured “catch cats” by mixing materials, such as drillings, sugars, peeps, and backs, without being registered with the head of Geumcheon-gu; and (c) manufactured “catch cats” by mixing them at a certain rate.

After that, the Defendant sold 100,705,00 won at the market price of 18,310km, which was manufactured as above, to five chain stores, such as “F” in Gunsan-si E.

Accordingly, the defendant was engaged in food manufacturing and processing business without being registered with the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (related circumstances) and investigation report (related to seizure and destruction);

1. Photographs of crimes;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 95 of the Food Sanitation Act applicable to the relevant criminal facts and Articles 95-2 and 37 (5) of the Act on the Selection of Penalties;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. (not subject to sentencing guidelines) is that the pertinent unregistered business period is long, the value of sold goods is a large amount, the defendant is punished by a fine of one million won on November 26, 2002 as a violation of the Trademark Act on November 26, 2002, and on March 25, 2010, there are records of past being sentenced to a fine of one million won due to the violation of the Agricultural Products Quality Control Act.

However, it is recognized that the defendant recognized the crime of this case in depth, and there is no record that the defendant was punished as a crime of violating the Food Sanitation Act or was punished heavier than a fine, and the age, character, character, environment, and environment of the defendant.

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