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(영문) 서울중앙지방법원 2012.12.26 2012고정5865

농수산물의원산지표시에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 500,000.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the leader of the alone team who manages B private points in Seocho-gu Seoul Metropolitan Government Co., Ltd.

From March 29, 2012 to April 16, 2012, the Defendant: (a) entered the place of origin into the Mimchi as “kim- - domestic production”; and (b) entered the Kimchi in the Mim New Markets, the Defendant sold it to many unspecified customers who found the above establishment by cooking the Kimchi in using Chinese Chinese gimchi equivalent to approximately 60km, and selling it.

Accordingly, the Defendant made a false indication of origin, and sold it in a disguised manner.

2. Defendant B, at the date, time, and place specified in paragraph (1) above, the Defendant, who is an employee of the Defendant, made a false indication of origin in relation to the Defendant’s business, as described in paragraph (1) above, and sold a disguised product of origin.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against the defendant A and D;

1. Investigation report (Details of purchase of domestic culture-based kimchi);

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Article 15 and Article 6 (2) 1 and 2 (Selection of Fines) of the Act on Origin Labeling of Agricultural and Fishery Products and Article 15 and Article 6 (2) 1 and 2 (Selection of Fines): Defendant B: Articles 17, 15, and 6 (2) 1 and 2 of the Act on Origin Labeling of Agricultural and Fishery Products;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A to be detained in a workhouse: It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;