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(영문) 서울동부지방법원 2013.09.12 2013고단1237

농수산물의원산지표시에관한법률위반

Text

Defendants shall be punished by a fine of two million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. Defendant A is a person who actually runs the business of manufacturing rice tea with the trade name of Defendant A.

On January 30, 2013, the Defendant, at the place of business operated by the Defendant, using glutinous rice, etc. as a raw material in Songpa-gu Seoul, was participating in an auction conducted by the Korea Agriculture and Fisheries Food Corporation located in Seocho-gu Seoul Metropolitan Government, and purchased rice with a contract amounting to KRW 10,800 glutinous rice and KRW 19.4 million.

During the period from February 5, 2013 to February 25, 2013, the Defendant manufactured rhythm rice, rhythm rice, gymmthm rice, gymmal rice, etc. using the foregoing glutinous rice as a raw material, and sold KRW 6,258,50g, and falsely indicated the place of origin of rice as glutinous rice.

Accordingly, even though the defendant did not falsely indicate the country of origin, the defendant committed the above violation even though he did not sell or provide agricultural and fishery products or processed products thereof.

2. Defendant B, who is an employee of the Defendant, made a false indication of origin in relation to the Defendant’s business at the above time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendant A’s written confirmation;

1. Investigation report (survey of the details of glutinous rice purchase in the United States), investigation report (survey of the details of rice sales made of glutinous rice with glutinous rice in the United States

1. Copy of business registration certificate and copy of corporate register;

1. Application of evidence screening Acts and subordinate statutes on the scene of violation;

1. A defendant who is subject to pertinent laws on criminal facts and who is subject to the choice of punishment: Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products, and Article 17 and Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products;

2. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A).