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(영문) 서울서부지방법원 2016.09.02 2016고단1583

농수산물의원산지표시에관한법률위반

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A defendant shall be punished by imprisonment for six months.

However, 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 the meat cocop in Geumcheon-gu Seoul Metropolitan Government.

No one shall make a false indication of the place of origin of agricultural and fishery products or make an indication that may cause confusion with it.

From December 1, 2015 to February 5, 2016, the Defendant: (a) packaged and sold U.S. beef eggs in the instant “C U.S. dollars in piece; and (b) sold them on the sales sign; (c) marked the labels on the surface of the individual package; (d) marked the labels on the “domestic origin:” marked on the “domestic origin”; (e) marked the Canadian swine Babs on the sales sign; and (e) marked the labels on the outer cover of the individual package; and (e) marked the labels on the “domestic origin” on the outer cover of the individual package; and (e) marked the labels on the “domestic origin: 3,640,50 won; and (e) sold the U.S. beef and beef conditioning at 80.9km (3,640,500 won; and (e) 27.7kkk (507,300 won at the market price of Canada’s air conditioning crate at Canadian.

Accordingly, the Defendant sold a total of 108.6kg (total of 4,147,800 won at the market price) of the U.S. beef and the Canadian cold conditioning.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes attached (D) to the evidence and photographs of the violation of the origin of the C sent, and the e-mail materials of the C sent livestock product director;

1. Article 14 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 16 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] False Indication of Type 1 [Small and Medium-Scale Type (less than 50 million won)] has no basic area (4-1 year) (4-1 year) (decision of sentence] (decision of sentence], and the defendant's age, character and conduct, environment, circumstances after committing the crime, etc., the punishment as ordered shall be determined by considering the following circumstances, Defendant's age

The advantageous length - the strong reflect - the sales size is relatively small and the amount of unjust enrichment actually acquired.