농수산물의원산지표시에관한법률위반
2015dan2683 Violation of the Act on the Origin of Agricultural and Fishery Products
A (78 years, South Korea), Do and retail business
Kim Jong-ho (Lawsuits) and Lee Jong-ho (Trial)
Law Firm Suh, Attorney Kim Tae-tae
December 10, 2015
Defendant shall be punished by imprisonment for not less than eight months, by a fine not exceeding 10,00,00 won.
Defendant who has converted 100,000 won into one day when the above fine has not been paid;
shall be confined in a workhouse.
except that the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
No person shall make a false indication of the origin of livestock products.
From June 11, 2015 to June 14, 2015, the Defendant indicated and sold “○○○○○ department store operated by the Defendant, who is in the form of Gannam-si,” 1, 578, 43 g, Canadian and U.S. dollars, and 692 g 72 km on July 72, 200 for each domestic origin, including Canada and U.S. dollars.
Summary of Evidence
Omission
Application of Statutes
1. Relevant Article of the Criminal Act and the selection of punishment for the crime;
Articles 14 and 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products (in all together, imprisonment with prison labor, and fines concurrently)
1. Detention in a workhouse;
Articles 70(1) and 69(2) of the Criminal Act
1. Suspension of execution;
Article 62(1) of the Criminal Act
Reasons for sentencing
[Scope of Recommendation Form]
False Marking Type 1 (Small and Medium-Scale Type (less than KRW 5,00,000) basic area (from April to one year)
【Special Convicted Persons】
None
【Determination of Sentence】
In 2012, even though a suspended sentence was sentenced to 2 years for imprisonment with prison labor for the same crime in 2012, the crime of this case was committed in the French and the second time again again. The crime of this case is committed under the unfavorable circumstances, such as the fact that the sound distribution order is harmed and the consumer confidence is lowered, and the crime of this case is led to the confession and reflect of the crime, and the period of the crime is relatively short, and the fact that it seems that the amount of profit is not raised due to the false indication of origin is considered to be a relatively short short, the punishment like the order shall be determined
Judges Doese