beta
(영문) 전주지방법원 2013.10.01 2013고단1608

농수산물의원산지표시에관한법률위반

Text

Defendant

A A shall be punished by a fine of KRW 15,000,000, and by a fine of KRW 5,000,000,000, respectively.

Defendant .

Reasons

Criminal facts

Defendant

A is the representative director of the B farming association in the former, North, E, and the defendant B is a corporation established for the purpose of high air cooling production, agricultural products distribution, processing, trade business, etc.

1. No person who is liable to make a false indication of origin or to make an indication that may cause confusion as to the origin;

Nevertheless, from January 1, 2012 to June 10, 2013, the Defendant indicated at the above “B Agricultural Partnership” about about 26.6% of domestic high air conditioners, and about 20.3% of domestic high air conditioners in China, mixed with other added materials, and indicated on the packing side of the above two products as “F production cost for life and death” and “F production cost for domestic high air conditioners cultivated in clean air conditioners,” respectively, and indicated on the back of the packing side of the “living and death cost,” that the Defendant may cause confusion with the country of origin. The Defendant indicated on the back of the packing side of the “vegetable and death cost,” “82% of high air conditioners (domestic 62%, domestic 20%),” “52% of high air conditioners (52% of high air conditioners and 30%) on the back of the packing side of the “balin and balin visa,” and indicated respectively as the origin of 52% of high air conditioners and 30% of domestic origin.

2. Defendant B, the representative of the Defendant’s agricultural partnership, committed such a violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement made to G, H and I;

1. A criminal investigation intelligence report, each internal investigation report, each investigation report, and descriptions of evidential materials attached thereto;

1. Each copy of business registration certificate, item manufacturing report ledger, high air conditioners purchasing and payment receipt, real estate lease contract, certificate of import declaration, list of total tax invoices by seller, list of total tax invoices by seller, total tax invoice by seller, request for determination of tax base and amount of tax by seller, all of the matters to be registered, certificate of total amount to be registered, details of adjustment of production volume, date of production

1. Application of Acts and subordinate statutes to manufacturing processes, product packaging sites, cultivation areas, and vinyl houses;

1. Criminal facts;