Defendants shall be punished by a fine of KRW 700,000.

Defendant

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

Punishment of the crime

Defendant

A Co., Ltd. is a corporation that operates restaurant business in Seo-gu F through G, Gwangju, and Defendant A is the actual operator of Defendant B.

A food service provider shall not subdivide, transport or display products, foods or raw materials thereof, the distribution period of which expires for cooking and selling, or sell them or use them for manufacturing foods.

1. On August 31, 2016, Defendant A kept one kg (on August 25, 2016, until August 25, 2016) for cooking and selling a cooling house located in the place of business of a stock company B.

2. The Defendant Company B, a user, kept products, food, or raw materials thereof for the purpose of cooking and selling, as described in the foregoing paragraph 1, with respect to the Defendant’s business at the time and place specified in the foregoing paragraph 1.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of the witness H;

1. Partial statement of a witness I;

1. Application of statutes on site photographs;

1. Relevant legal provisions and Defendant A who has selected a sentence on the facts constituting an offense: Defendant B, as prescribed in Articles 97 subparag. 6 and 44(1)3 of the Food Sanitation Act: Articles 100, 97 subparag. 6 and 44(1)3 of the Food Sanitation Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Judgment on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. As to whether field photographs, public official statements, etc. fall under illegally collected evidence, the Defendants asserted that evidence, such as site photographs, etc. collected by enforcement officers without following due process, and public official statements, etc. based thereon constitute illegally collected evidence as prescribed by Article 308-2 of the Criminal Procedure Act, are inadmissible.

Article 308-2 of the Criminal Procedure Act provides that "No evidence collected without due process shall be admitted as evidence", and the investigation agency shall comply with the procedure prescribed by the Constitution and the Criminal Procedure Act.