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(영문) 서울중앙지방법원 2014.02.06 2013고단6123

농수산물의원산지표시에관한법률위반

Text

Defendant

A shall be punished by imprisonment for six months.

Seized evidence Nos. 1, 3, and 4 shall be confiscated by Defendant A.

Defendant

B shall be innocent.

Reasons

1. The Defendant sells grain in the name of “F” on the first floor, Jung-gu, Seoul. < Amended by Presidential Decree No. 24442, Jun. 3, 2013>

No one shall sell agricultural and fishery products or the processed products thereof with the country of origin disguised, sell such products mixed with other agricultural and fishery products or the processed products thereof, or store or display such products for sale.

1. On April 4, 2013, the Defendant conspired with G and H on April 4, 2013, in collusion with the Defendant: (a) opened a package in which 50 km of domestic rice 20kg of China purchased 50 kgs; (b) opened a package in the large rubber box; and (c) opened a package in which 3kg of rice (3kg of rice) is marked with a “rice 3kg of rice (3kg of rice)” and stored them for the purpose of selling them to I.

2. Crimes March 2013;

A. On March 14, 2013, the Defendant: (a) at F, made 250 gs of rice that disguised the origin of a domestic product through the foregoing method; and (b) sold it to I by creating 250 gs of rice.

B. Around March 16, 2013, the Defendant, at F, made 180 gs of rice with the country of origin disguised by the aforementioned method, and sold 180 gs of rice to I.

2013 Highest 7093

3. On April 2013, the Defendant: (a) purchased 200 kggs of domestic rice from firstman F on April 2013; (b) purchased 200 kgs of domestic rice from China at KRW 6.4 million; (c) returned 8 kg of domestic rice to a new Poter containing the contents, such as “Yul rice and place of origin,” and sold domestic rice to the “J”, a grain distributor, by indicating that the domestically produced rice is a domestic product, and selling it to the “J”, a grain distributor.

Summary of Evidence

The order of dismissal of 2013dan6123

1. Defendant's legal statement;

1. Each police interrogation protocol of H and G:

1. Statement of the police officer with regard to I;

1. Defendant's legal statement;

1. Receipt report (No. 1 of the evidence list), investigation report (No. 17 of the evidence list);

1. Application of the Acts and subordinate statutes of trading lists;