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(영문) 수원지방법원 안양지원 2019.03.26 2018고단1945

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, operating a general restaurant in the name of “B building” and “D” in the militaryposi, and from February 1, 2018 to the same year.

7. By the end of 29.2, the country of origin was indicated in the Qua New Zealand as “domestic origin” and the country of origin was indicated in the Australia’s New Zealand and New Zealand’s New Zealand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to criminal reports, investigation reports (verification of the details of purchase of foreign meat), investigation reports (verification of the details of purchase of domestic meat), investigation reports (verification of the details of sale), investigation reports (specific documents to the quantity of violation) and investigation reports (including each accompanying document);

1. Articles 14 (1) and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products concerning criminal facts (generally, and choice of imprisonment with labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [decision of types] shall be made on the basis of false labelling [Type 2] and the general category [the scope of recommendation and recommendation] [the scope of recommendation], the basic field [the scope of recommendation and recommendation], and October through 2 years;

2. A circumstance unfavorable to the Defendant that: (a) the sum of KRW 132,365,708 [around 132,340,108 won [around 82,280,96km of Hojusan x 64,280 won) x 50,025,60 won per kilogram [a approximately 694.8km of New Zealand x 1k x 72,000 won per kilogram [around 694.8km of New Zealand x 1k x 72,00 won per 1kg], where the defendant's decision of sentencing had sold a false indication of origin with a false indication of origin;

On the other hand, the fact that the defendant's mistake and reflects the fact that the product is sold by mixing domestic and foreign beef by-products with the country of origin marked (in the case of expansion, the total sales sold by mixing domestic and foreign acid for the same period of time is KRW 386,405,412). The amount of unjust enrichment actually acquired by the defendant through sale is likely to considerably exceed the above selling price.