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(영문) 대전지방법원 논산지원 2017.01.10 2016고단500

농수산물의원산지표시에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall falsely indicate the place of origin of agricultural and fishery products or processed agricultural and fishery products, or place a mark likely to cause confusion therewith.

Nevertheless, during the period from the beginning of October 2015 to April 11, 2016, the Defendant operated the quantitative view of “D” in Chungcheongnam-gun, Chungcheongnam-do, and sold the said alcoholic beverages to the Gongju and the grant date by falsely indicating the origin of “rice (domestic)” in each alcoholic beverage container as if it was manufactured using only domestic rice, while manufacturing “E”, “E”, “F”, “G”, and “H”, which are processed products of agricultural and fishery products of approximately KRW 48,30,000 at the market price, by mixing domestic rice and imported rice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Cases of the current status of cognified powder and non-entry outlet in the Daejeon area;

1. Copy of an item manufacturing report;

1. A copy of details of transactions and a copy of an electronic tax invoice;

1. A copy of a regular taxation standard return for liquor tax (4 quarter, 2015);

1. Responses requesting cooperation in investigation;

1. Application of Acts and subordinate statutes to photographs, such as E, F trade name photographs, imported rice storage pages, etc.;

1. Relevant Article 15 of the Act on the Labeling of Origin of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on the Selection of Agricultural and Fishery Products concerning the facts constituting an offense (or choice of imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of the recommended sentence] false indication [in the case where the degree of violation of the law is not heavier than that of the defendant, such as selling a small or medium-sized type (small or medium-sized type (under 500 million won) mitigation area (one to August 8) / [special mitigated person] mixing things that are not emotional and emotional items (the decision of sentence] despite the fact that the defendant had been punished for the same crime, the defendant again committed the crime of this case even though he had the record of punishment for the same crime, and there are no unfavorable circumstances such as the fact that there is a large amount of the sales ban by falsely indicating the place of origin, but the defendant did not go against the defendant's mistake