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(영문) 청주지방법원 2016.12.23 2016고단1215

농수산물의원산지표시에관한법률위반등

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 1215] The Defendant is a person who operates the “E” as a consigned Manufacturing Business Operator in Cheongju-si, a substantial area of Cheongju-si.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

Nevertheless, the Defendant, from January 31, 2015 to January 31, 2016, sold the total amount of KRW 81,402,802, total market price as indicated in the attached list of crimes, indicating as “rice” on the name of the outer raw material of the products, such as “F”, “G”, and “H,” even though he/she manufactured a boom by using the imported rice powder.

[2016 Highest 2186] Foods or food additives for sale are sold, imported, displayed, transported, or used for business, unless they are indicated in compliance with the standards. However, from December 2014 to September 30, 2016, the Defendant sold “E”, “G”, and “H” products without indicating “syptoolium,” which are food additives, even though addition of “sypium,” which is its intended purpose.

Summary of Evidence

[2016 Highest 1215]

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement to I;

1. On-site photographs, reports on the manufacture of food items, and submission of additional data;

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to photographs, business registration certificates, business registration certificates, investigation reports (Attachment to Improvement-Belgium), investigation reports (Attachment to relevant provisions);

1. Article 14 and Article 6 (1) 1 of the Act on the Labeling of Origin of Agricultural and Fishery Products and Article 97 subparagraph 1 of the Food Sanitation Act and Article 10 (2) of the Food Sanitation Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;