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(영문) 대구지방법원서부지원 2020.12.17 2020고단1524

농수산물의원산지표시에관한법률위반

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A defendant shall be punished by imprisonment for one year.

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 runs meat wholesale business in the name of “C” in Daegu Seo-gu B.

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

Nevertheless, from May 1, 2019 to February 4, 2020, the Defendant purchased a total of KRW 112,784,837 g from D to February 1, 2019 for a total of KRW 11,069 g, KRW 4,617 g, and KRW 4,131 g from F, and sold KRW 19,820 g for a total of KRW 112,784,837, among the mags that were processed by spreading it, by falsely marking the origin of KRW 9,313 g for a total of KRW 102,43,00 operated by G.

Accordingly, the defendant made a false indication of the origin of agricultural and fishery products.

Summary of Evidence

1. The suspect interrogation protocol of the police concerning the defendant's court statement G;

1. Application of Acts and subordinate statutes on records of statement made by the police with I of the internal investigation report (the result of verification of origin), investigation report (the sum of purchases of the bones overlaps), investigation report (the aggregate of sales volume of the bones overlaps) to each country of origin verification, each system closure screen, each customer head of the notification as a result of each country of origin verification, each customer head of the foreign country, the total sum of purchases of H purchases and sales volume compiled;

1. Relevant Article on criminal facts and Articles 14 (1) and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (generally, and Selection of Imprisonment with labor);

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

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is detrimental to the fair distribution order and the public trust in food, and the nature of the crime is not good, the quantity of the goods sold by the defendant with the country of origin falsely marked is reasonable, and the amount of the goods sold by the defendant is deemed to have earned profits equivalent to KRW 27,939,000 as the crime of this case.

However, the defendant confessions the crime of this case and repents his mistake, there is no record of criminal punishment, and there is any other reason.