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(영문) 대전지방법원 홍성지원 2015.03.27 2014고단270

농수산물의원산지표시에관한법률위반등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates ‘‘(E) while operating a static store in the name of ‘‘(D’ in the Chungcheong budget-gun C, which is a beef sale site.

1. The Defendant violated the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter “FF”) around January 8, 2013, sold 3,473.5km totaling 15,075,600 won of beef through the same method, i.e., 4,861 times from the date of the purchase of beef from the Hongsung-gun, by falsely marking the country of origin in the Chungcheongnam-gun budget group around that time, and selling 19,000 won of beef 50g to H from that time, and from that time until December 19, 2013.

2. The Defendant violated the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management and Support of Organic Food, Etc. on February 26, 2013: (a) purchased from the (State)J under subparagraph 302 of the Seocho-gu Seoul International Building No. 302; (b) around that time, the Defendant sold to K the total amount of KRW 746km of beef 71,638,000 through the same method over a total of KRW 1,00,000, as shown in the attached Table II from the date of sale of KRW 500 to December 19, 2013.

Summary of Evidence

1. Statements of the accused in the first and second trial records;

1. Legal statement of the witness L;

1. The details of detection, E's publicity, related photographs, Mmarks, and copies of eco-friendly agricultural products certificates, and beef purchased in D;

1. Application of Acts and subordinate statutes to a criminal investigation report (sale volume and price investigation report), investigation report (referring to a report on the hearing of None's telephone statement in the budget office of the Committee for Quality Control

1. Articles 14 and 6(1) of the Act on Origin Labeling of Agricultural and Fishery Products (referring to the false indication of origin and the choice of imprisonment with labor), Articles 60(1)5 and 30 of the former Act on the Fostering of Environment-Friendly Agriculture and Fisheries and the Management and Support of Organic Food, Etc. (amended by Act No. 12515, Mar. 24, 2014) concerning criminal facts.