농수산물의원산지표시에관한법률위반
2015 Highest 6607 Violation of the Act on Origin Labeling of Agricultural and Fishery Products
A
Preliminaryity, personal ethics, and public trial.
Attorney B
November 26, 2015
A defendant shall be punished by imprisonment for not less than one year and six months.
Facts of crime
The defendant is a person who sells fishery products such as 'E' in the D market located in Busan Jin-gu, Busan, for wholesale and retail.
In spite of the fact that no person makes a false indication of the origin of fishery products, the defendant knew that there is a difference in the unit price, such as trading approximately KRW 11,000 in Korea, when a middle-sea care site is traded in approximately KRW 9,000 per kilogramg, with the knowledge that he/she had a view to raising profits equivalent to the difference, with the intention to falsely indicate and sell the country of origin of the middle-sea care site with the intention to increase profits equivalent to the difference in the difference.
On April 1, 2013, the Defendant: (a) divided up to KRW 9,00,00 of the Republic of Korea, purchased KRW 15,00 per kilogram from the T (ju) gold trade into plastic bags, and packages them into plastic bags; (b) arbitrarily printed the place of origin Stick to be marked through the manufacturer of the country of origin Stick installed in E: The Defendant sold the Stick to KRW 13,00 per kilogram 13,00,000 to the company of "F", which is the business partner on the same day after attaching the Stick in the plastic bag.
In addition, from that time to August 31, 2015, the Defendant falsely marked the origin of China-China as indicated in the attached list of crimes, and sold it after receiving total sales amounting to KRW 769,485,900 in the place of business, such as the transaction party in the attached list, in total as indicated in the attached list of crimes, at KRW 62,05,05,90.
Accordingly, the Defendant made a false indication of the origin of fishery products.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement of G, H, I, J, K, K, L, M, N, P, Q, R, T, and U; 1. V and W
1. Police seizure records;
1. On-site documentary evidence photographs, the details of orders for food materials by each customer, each certificate of origin, each business partner's name, trust records of orders, trade reports by period, ordering documents, details of orders, copies of trade, gold and trade agreements, and current status of transactions by damaged business entity;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 14 and 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products, the choice of imprisonment
Reasons for sentencing
[Scope of Recommendation] Type 3 (Large-Scale (Scale exceeding KRW 500 million) Basic Area (one year to six years)
【Special Convicted Person】
【Determination of Sentence】
In light of the fact that the defendant's delivery with a false indication of the country of origin for a considerable period of time, thereby significantly impairing social trust, it is inevitable to sentence a sentence of imprisonment.
However, in consideration of all the circumstances, such as the fact that the defendant has no record of being punished as a crime of the same kind, and that the actual amount of profit is not high, and that he/she has repented and reflected his/her mistake, he/she shall be sentenced to the same punishment as the order within the scope of the recommendation.
Judges Shin Jae-chul