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(영문) 수원지방법원 안산지원 2014.10.31 2014고단2224
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No person shall sell foods, etc., the import of which is prohibited or foods, etc. imported without filing an import declaration, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless, around June 10, 2014, the Defendant, who was in Ansan-si C, did not make an import declaration from a Chinese male who was unable to know his name at the “D” store operated by the Defendant, and stored for sale the Chinese green 2-wing paper (5 km per salary paper) in Korea, and 5 km per salary paper in China (5 km per salary paper).

Accordingly, the defendant stored imported food without filing an import declaration for sale purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 94(1)1 and Article 4 subparag. 6 of the Food Sanitation Act applicable to criminal facts, the choice of a fine (including the fact that the defendant recognized the crime of this case and reflects his mistake, the defendant has no penalty power exceeding the fine, and the goods of this case were entirely discarded, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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