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(영문) 서울서부지방법원 2016.09.29 2016고단1536

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by imprisonment for one year and a fine of twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is the trade name “D” from around June 2010 to May 2010; the trade name “E” from around October 2010 to around October 2012; and the Defendant is a person who operates a livestock product dealer from Pocheon City F.

No person shall sell goods in a disguised manner of origin.

Nevertheless, from around April 28, 2009 to September 25, 2012, the Defendant purchased a sum of KRW 23,072 g, 207,757,00 (g) of the total amount of KRW 92,290,00, which is indicated as “domestic acid” from “H” or “A”, a friendly child from around April 28, 2009 to around September 25, 2012, the Defendant purchased a total of KRW 10,00 from “H” or “B”, which indicated as “domestic acid.” The Defendant, even though he was well aware that the price of pigs of the said two faith was imported, sold the total of KRW 23,072 g, 207,757,00, as indicated in the attached list of crimes, and sold it to the said companies, including business parties, from around August 5, 2009 to September 25, 2012, 2039.

1. Statement by the defendant in court;

1. Each written statement K, L and M;

1. A protocol of seizure and a list of seizure;

1. Each false statement of transactions (E), the false statement of customers (N), the statement of false transactions with domestic origin evidence, the details of sales of E swine king, and a copy of each sales statement;

1. Application of Acts and subordinate statutes to the investigation report (Evidence Nos. 9, 13, 21, 22, 31, 35, 47, 56, 70)

1. Relevant Article of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 14 and 6 (1) 3 (generally) of the Act on the Origin Labeling of Agricultural and Fishery Products and the Imposition of Imprisonment and fines concurrently;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of recommendation / [the scope of general types] / there is no basic area (10 months to 2 years) (the person subject to special sentencing] (the decision of sentencing] / The decision of sentencing shall be made in accordance with the sentencing guidelines by taking into account the following circumstances, including the defendant's age, sex, conduct, environment, motive leading to the crime, motive leading to the crime, circumstances after the crime.