beta
(영문) 의정부지방법원 2018.08.31 2018고단3277

농수산물의원산지표시에관한법률위반

Text

Defendants shall be punished by imprisonment for ten months and by a fine of three thousand won.

The above fine shall not be paid by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a person who operates a kimchi-manufacturing business with the trade name of “F” in Namyang-si, Namyang-si, and Defendant A is a person who operates a cchi wholesale and kimchi retail business, such as supplying raw materials and supplementary materials for the manufacture of kimchi to “F” with the trade name of “H” in G market, and selling cchi to schools, restaurants, etc. after receiving kimchi from “F”, etc.

No one shall sell agricultural and fishery products or the processed products thereof bearing the place of origin labeling in disguised manner, sell such products mixed with other agricultural and fishery products or the processed products thereof, or store or display such products for sale.

Nevertheless, as a result of the supply of kimchi at a low price in this I, Defendant A may incur losses by failing to receive the outstanding amount from “F” around March 2018, and thus, Defendant B may incur losses. As such, Defendant B, through “H”, offered that Defendant B be supplied with one-time domestic distribution netchi (mamchi) through “H,” and offered that the same would be “one-time distribution netchi (mamchi)” and then supplied it to I as if it was a domestic distribution kimchi, and that Defendant B consented thereto.

Accordingly, from March 8, 2018 to April 24, 2018, Defendant A received from “K” located in the Jung-gu Incheon Metropolitan CityJ to “H” and transferred to “F” the supply of 1,060 gambling 1,060 and 10,600km in China from “K”. Defendant B paid the price of kimchi equivalent to KRW 8,268,000 to “K” and supplied the price of kimchi equivalent to KRW 8,268,00 to “K” with Defendant A, thereby breaking the package of the Kim & Kim in Korea, and 1,009,09, in which the origin of the Republic of Korea is marked as “F” as the domestic origin, and then, supplied KRW 1,00 (1,00-g, domestic elick Kim & Kim 1,00-g) in a disguised packaging with “F”. < Amended by Act No. 10657, Oct. 5, 2015>

As a result, the defendants conspired to sell the country of origin of China-China Kimchi in disguised manner.

Summary of Evidence

1. Defendants’ respective legal statements

1. H. H.