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(영문) 의정부지방법원 2016.09.30 2016고단1784

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall sell goods under a disguised country of origin, or store or display them for the purpose of sale by disguised country of origin.

The Defendant purchased 100 ppuri 10,000,000 won per 1 ppuri from a person who operates a forest product selling business of “D” in Namyang-si, Namyang-si, and purchased from a person who sells a permanent residence market of Korea a 100,000 puous frious frious frious frious frith, and introduced and sells the said frith frith as a domestic product to customers at the above place on March 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the offender's domicile and report on internal investigation;

1. Investigation report (the result of identifying the origin of the raw materials purchased);

1. A written reply requested for an appraisal;

1. A certificate;

1. Purchasing receipt;

1. The application of photographs, photographs, on-site evidence photographs, and the statutes governing the purchase length, brain and labeling;

1. Relevant Articles 14 and 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products (the point of origin disguised sale and storage for the purpose of sale and sale, and the selection of fines) concerning facts constituting an offense and the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is detrimental to the sound distribution order and is undermining consumer confidence, and the nature of the crime is not weak: The defendant's recognition of the crime of this case; the actual unfair acquisition of the crime of this case is not relatively large; the defendant has no record of crime except for the punishment of a fine of KRW 300,000,000,000; support the wife who is the end of the crime of this case; the defendant's age, sex, environment, family relationship, means and result of the crime of this case; and the circumstances after the crime of this case.