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(영문) 전주지방법원 2017.05.24 2017고단560

농수산물의원산지표시에관한법률위반

Text

Defendant

A Imprisonment for one year, and each of the Defendant Company B shall be punished by a fine of KRW 10 million.

(b).

Reasons

Punishment of the crime

Defendant

A is the actual operator of the interest of the representative director of the incorporated agricultural company B in the previous North Korea-based Seoul Special Metropolitan City, and the incorporated agricultural company B in the defendant limited liability company is a corporation engaged in the distribution and processing of agricultural products, and no person shall make a false indication of the place of origin or make an indication that may cause confusion with it.

1. From May 30, 2016 to June 3, 2016, and from September 28, 2016 to December 7, 2016, Defendant A made a mixture of domestic franchising, domestic franchising, and franchising, etc.; produced 22,92km (product name G) that combines domestic and domestic franchising, domestic franchising, and franchising, etc.; and then, Defendant A kept 22,272km (product name G) in a container indicating “56,348,160 won in total as indicated in the list of crimes,” and sold it to beneficial food, and kept the remainder of 720km by December 7, 2016.

Accordingly, the defendant made a false indication of origin and made a false indication of origin that could lead to confusion with the country of origin.

2. The Defendant Company B, the representative director of the Defendant, committed the same violation as the above 1.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against D;

1. A letter ofF written confirmation of E company;

1. A copy of the exposed field photograph;

1. A copy of each investigation report (report on the results of analysis of voluntary submitted documents), (oil) the aggregate table of production B by agricultural corporations, (oil) the aggregate table of raw material operations by agricultural corporations, a certified copy of the register of corporations;

1. Documents concerning compliance with the corrective order;

1. (Caution) A copy of the daily work log of an agricultural corporation, and a copy of the G sales log of an agricultural corporation B;

1. The details of the use of B party services between January and December 2016, 2016, the details of the purchase of the domestic party services between January and October 2016, between October 201 and October 2016, and the details of the domestic party services purchased from H farm households in October 2016.

1. Investigation reports (in Korea);