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(영문) 서울북부지방법원 2018.10.12 2018고단2913

농수산물의원산지표시에관한법률위반

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A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a telecommunications sales business in the name of “C” in the Gangnam-gu Seoul Metropolitan Government.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

Nevertheless, from May 1, 2016 to September 12, 2017, the Defendant purchased 4,7777.8 km from D, etc. of Korea, such as the elderly, Gu flager, mountain water, leisure, scarcity, red scarcity, etc. from D, and purchased 2,14.5 km from Korea, such as 2,14.5 km, and subdivided work into Korea, and indicated the origin of China and domestic Austria, etc. in combination with 8:2 to 1:1 m, and falsely marked the origin from Korea to 03 mar, 15 mar, etc. with 01 mar, 107 mar, 107 mar, 15 mar, 107 mar, 250 mar, 107 mar, 250 mar, 15 mar mar mar.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (specific quantity of the violation);

1. Application of Acts and subordinate statutes to online sales photographs to a course and packaging photographs;

1. Relevant Article 14 (1) and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (generally, imprisonment with prison labor and fines) concerning facts constituting an offense and Articles 14 (1) and 6 (1) 1 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The false indication of the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order, is highly harmful to society, such as infringing upon the consumer’s choice and trust in food and disturbing the sound distribution order of food, and is disadvantageous to the fact that the period of the crime is long and the sale quantity is much high.

On the other hand, the defendant has the same criminal records.