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(영문) 서울중앙지방법원 2014.08.28 2014고정3633
식품위생법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant with the trade name of “C” in Seocho-gu Seoul Metropolitan Government.

A food service business operator shall not keep raw materials or finished products whose distribution period has expired for the purpose of cooking and selling them, or use them for cooking food.

Nevertheless, around March 11, 2014, the Defendant: (a) kept one kilogram of “fating family” with the distribution period up to February 17, 2014 in the freezing room for the purpose of cooking and selling it; (b) stored 300 grams of “the spash” up to February 23, 2014 in the freezing room; and (c) stored 300 grams of “the spactic massage” until February 23, 2014 in the freezing room; and (d) sold the spaced volume to customers.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on detection of business places violating the expiration of the distribution period and the purpose of cooking products);

1. Records of seizure and the list of seizure;

1. Copy of purchase receipt;

1. Copy of sales receipt;

1. Application of Acts and subordinate statutes governing field mining inspections;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 97 subparagraph 6 and 44 (1) of the Food Sanitation Act which choose a penalty;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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