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(영문) 인천지방법원 부천지원 2015.11.26 2015고단2855

사기등

Text

Defendant

A shall be punished by a fine of KRW 9,00,00,00,00,00,000,00 for one year and six months.

Reasons

Punishment of the crime

1. Defendant A

(a) If a grain processing operator or grain dealer that violates the Grain Management Act intends to sell grain, he/she shall indicate the matters specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as the production year, quality, etc. of the relevant grain in packaging, containers, etc., and shall not indicate or advertise any indication or advertisement that differs from the facts, or is likely to mislead, or confuse, consumers with regard to the production year

The Defendant, as a person operating the “F” of grain processing and sales business in Kimpo-si, produced 23,900 copies of rice packaging materials, respectively, in the column for the trade name, agricultural trademark, and address of Asung-U.S. Agricultural Cooperative’s trade name, agricultural trademark, and address in the lower end of the packaging materials and the column for quality labelling through the rice package manufacturing business, on October 22, 2012 and May 29, 2013, on two occasions.

The Defendant purchased and attempted at F’s workplace general rice, which is not rice produced by Asung U.S. Agricultural Co., Ltd., from companies, such as eco-friendly Gyeonggi and Forestry Co., Ltd., and sold 1,250 kh (25,000 g) in quantity to F Trading System, a trading company, and an agricultural company, an incorporated agricultural company, from August 9, 2014 to November 27, 2014.

Accordingly, the Defendant sold grain with a false label on the trade name, etc. of grain producers.

B. The Defendant’s fraud was above.

By using the same method, the method of packing rice in the packing materials for “G” in which the trademarks, trade names, and addresses of the Ansan-U.S. Agricultural Cooperatives were printed, indicated as if the rice were the rice of the Soyang Agricultural Cooperatives with a high preference of consumers compared to the general rice, and then, from August 9, 2014 to November 27, 2014, 20kgs amounting to 1,068 gs on the “Masung Food System,” which is a school meal service company, and from August 12, 2014 to November 12, 2014, the victim of the Internet commercial retail business.

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