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(영문) 춘천지방법원 2017.06.20 2016고단1327

농수산물의원산지표시에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of 1.5 million won.

However, the defendant A.

Reasons

Criminal facts

Defendant

B Co., Ltd. (hereinafter referred to as “B”) is a corporation established for the purpose of the processing and sale of meat products with its head office located in Chuncheon City D, and Defendant A is the representative director of B.

1. No person who produces, processes, ships, or sells agricultural and fishery products or the processed products thereof of defendant A shall place a mark of origin that may cause confusion as to such products;

Nevertheless, on March 6, 2013, the Defendant, at the Internet homepage “E” around B’s office around March 6, 2013, manufactured and sold the crypted cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp c.

In addition, from around that time to October 14, 2016, the Defendant sold a total amount of 193,045,000 won, as stated in the list of crimes in the attached Table, and made an indication that the Defendant may cause confusion as to the place of origin while selling a crub amount equivalent to a total of 193,045,000 won.

2. Defendant B, the representative of the Defendant, made and sold the crupted crub as described in paragraph (1) with respect to the Defendant’s duties, and indicated that the Defendant could cause confusion as to the origin.

Summary of Evidence

1. Partial statement of the defendant;

1. A certificate of all registered matters;

1. Certification of standards for imposition of value-added tax, E homepage, and all sales data of enterprises;

1. Application of Acts and subordinate statutes to output of the website;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: