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(영문) 서울서부지방법원 2015.09.18 2015고단1940

농수산물의원산지표시에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates food manufacturing and processing business with the trade name of Gangnam-si C.

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

Nevertheless, around May 2014, the Defendant manufactured “E” 19,459 liters in the foregoing D, operated by the Defendant, and entered the same as 100% of imported rice, and falsely entered “100% of the imported rice,” thereby indicating the origin of alcoholic beverages among processed agricultural products on the product label. As above, the Defendant sold the total of KRW 22,837,40 of the market price of “E” 25,660 disease with a false origin indication in Fmate, Gma, etc., and sold it in the above manner from around that time to July 2015, as shown in the list of crimes in the attached Table, including the sale of the total of KRW 22,837,40 of the market price of “E” 265,400 disease with a false origin indication of total of KRW 236,206,00,000 on the product label, thereby selling it in Fmate, Gma, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Details of the purchase of rice from D imported products, NAV B B B B B B, copies of the report on the manufacture of food (food additives), photographs of raw material receipts and disbursements, alcoholic beverages and cash withdrawal and payment photographs, photographs of bottled rice, notices of payment related to the purchase of imported rice, and receipts (for payers) and receipts;

1. In all of the investigation reports (E products labeling and attaching photographs on the scene of violations), D’s photographs on the scene of violations of the country of origin labeling;

1. Details of the purchase of rice (domestic products) 100% PET bottles;

1. Details on a manufactory of alcoholic beverages, and the details on monetary withdrawal and payment;

1. Application of the Act and subordinate statutes to investigative reports (abstinating the purchase details of domestically processed rice (D’s grain)

1. Relevant Articles 14 and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Act on the Selection of Criminal Crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Code (the following favorable circumstances) is as follows.