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(영문) 수원지방법원 안양지원 2018.02.07 2017고단1807

농수산물의원산지표시에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of five million won for the defendant corporation B.

(b).

Reasons

Punishment of the crime

1. The defendant A is the representative director of the agricultural company B, an agricultural products sales company located in Guang-si D.

Although no person makes a false indication of origin or makes an indication that is likely to cause confusion, the Defendant purchased a false indication of origin from January 5, 2017 to April 6, 2017, the Defendant made a false indication of origin to a foreign country (including China, Vietnam, etc.) with an amount equivalent to KRW 1,010,000 in the market price of KRW 480,000 in the area of “F” located in the Suwon-si E market in Suwon-si from January 5, 2017 to April 6, 2017, and sold it to a middle school or high school in Korea, such as G middle schools, and sold it to a domestic country with an amount equivalent to KRW 4,23.3km, 1,360,00 in the market price of KRW 1,620,85km, and the market price of KRW 320,170,00 in the middle school or high school in Korea.

2. Defendant B Co., Ltd., the representative director of Defendant A, in relation to the Defendant’s business, made a false indication of origin of foreign agricultural products in the Republic of Korea as indicated in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A certificate for the preparation of H;

1. Investigation reports (the number of persons who purchase any foreign mountain village, math, or stoves) and investigation reports (the number of persons who violate the false labelling of the original mountainous district by item);

1. A certified copy of corporate registry;

1. An order for each week agricultural product, an order for each school, and an order for each week;

1. EachF purchase receipt, each B sale receipt; and

1. Application of each on-site evidence photograph, mash with no indication of origin, shot mushroom photographs, and F-site photograph Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 14 and 6(1)1 of the former Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016; hereinafter the same shall apply) (Article 14 and 6(1)1)

(b) Defendant Company B: Articles 17, 14, and 6 (1) 1 of the former Act on Origin Labeling of Agricultural and Fishery Products;

1. Defendant A: Article 62(1) of the Criminal Act (the following sentencing is due.