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(영문) 서울서부지방법원 2018.02.21 2017고정596

농수산물의원산지표시에관한법률위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is that the Defendant engaged in the business of processing and selling rice mills in the name of "D" in Yeongdeungpo-gu Seoul Metropolitan Government. From January 7, 2015 to September 6, 2016, the Defendant was prosecuted by applying Articles 14 and 6(1)3 of the Act on Origin Labeling of Agricultural Products to the following: (a) the Defendant, using the U.S. rice 18,640km from around January 7, 2015 to around September 6, 2016, was processed as the total amount of KRW 82,768,00,000 in the market price of "Mad rice" and "Mad rice 27,869km" and sold it in the name of "Frodi" in Yongsan-gu Seoul Metropolitan Government E; and (b) the prosecutor was indicted by applying Articles 14 and 6(1)3 of the Act on Origin Labeling of

The act of "sale through a disguised indication of origin" under Article 6 (1) 3 of the Act on Origin Labeling of Agricultural Products includes "an act of informing the country of origin differently from the fact while selling without an indication of origin."

The Defendant recognized that the Defendant sold rice without an indication of origin when selling rice as indicated in the facts charged. As such, as seen in the facts charged, I examine whether the Defendant, while selling rice, sold “an act of notifying the country of origin differently from the fact”, etc.

The evidence corresponding to this is written by the witness G, H and I in part of the statements made by each court, the statements in the I, G, and H.

In that sense, while the confirmation letter of G and H contains the statement that “it was purchased in the Republic of Korea from the time when the first purchase was made,” considering the legal statements of the above persons, the fact that the above person who made the statement thought the rice supplied by the defendant to be domestically in the Republic of Korea seems to have been estimated, and there is no evidence supporting the fact that the above person’s investigation agency and the legal statement of the above person made a statement about the origin of rice to the above person.

I and submit it to the Special Judicial Police of the National Agricultural Products Quality Institute.