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(영문) 전주지방법원 2020.04.23 2019노1647

농수산물의원산지표시에관한법률위반

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing against Defendant A is too uneasible and unfair. 2) Defendant B made a statement to the effect that Defendant B, during the crime period of Defendant A, took exclusive charge of: (a) Defendant B’s erroneous determination of facts with respect to Defendant B’s work of carrying domestic vegetable goods from F Co., Ltd. (hereinafter “F”); and (b) Defendant B made a statement to the effect that “G” is “I are domestically produced vegetable land supplied from F and are aware that vegetable land supplied to G is domestically produced; and (c) supply vegetable land supplied to G without any separate unloading work after receiving vegetable goods from F is confirmed. In such a case, there was no choice but to find that the origin of vegetable land is disguised and sold domestically.

Therefore, although Defendant B was aware of and aided Defendant A's crime, the judgment of the court below which acquitted Defendant B was erroneous in the misapprehension of legal principles.

2. Judgment on the prosecutor's assertion of mistake of facts as to Defendant B

A. The summary of this part of the facts charged was as follows: (a) Defendant B, from around 2015 to Defendant B, worked as an employee of the “D” for the distribution company of the Solar branch operated by Defendant A in the former Northern-gun; (b) on January 10, 2018, Defendant B visited the F office located in the Si/Yan-Eup under the direction of Defendant A to visit the F office in the Si/Yan-Eup; (c) then, (d) transferred to the G office in the Si/Y-si, supplied the said Gu office with the said Gu office, and (d) delivered the certificate of origin and tax invoice stating that the relevant Solar branch is a domestic origin, thereby facilitating the Defendant A’s disguised sale of the country of origin.

Defendant

B From around that time to March 24, 2019, the total sum of 4770,960,000,000 won in total, as shown in the attached list of crimes, shall be the sum of the 27 times abroad.