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(영문) 광주지방법원장흥지원 2020.08.13 2020고단37

농수산물의원산지표시에관한법률위반등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who sells livestock products in the name of "C" in Jeonnam-gun, Jeonnam-gun.

1. No person who violates the Act on Origin Labeling of Agricultural and Fishery Products shall make a false indication of origin or make an indication that may cause confusion as to it;

Nevertheless, the defendant from January 1, 2019 to the same year.

9. From November 1, 200 to seven Internet shopping mall sites, including D’s website (E), indicated it as “F” and “F premium gift gift sets” in the mail order advertising shop in the process of selling a class of 9.36 tons, not for interesting.

Accordingly, the defendant made a mark that could cause confusion about the country of origin.

2. No person who violates the Act on Labeling and Advertising of Foods, etc. shall make any false or exaggerated indication or advertisement concerning the rating of livestock products;

Nevertheless, the defendant from August 26, 2019 to the same year.

9. From November 1, 200 to seven Internet shopping mall sites, including D’s site (E), displayed a total of seven Internet shopping mall sites as “one and above Grade 1” in the advertisement of mail order in the course of selling approximately approximately 800 km at the end and at the heart of the mail order.

As a result, the Defendant advertised the class of livestock products falsely.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on criminal place, D sales outlet, G sales outlet, Defendant's establishment storage room, violation confirmation, field photograph, investigation report (verification of notice on the C Internet mail order), investigation report, and investigation report (survey of the results of suspect interrogation);

1. Investigation reports, examination results of suspects, investigation reports (Analysis of details of transactions), and application of Acts and subordinate statutes to investigation reports (specific quantity of violation);

1. Foods, etc. under Article 14 (1) and Article 6 (2) 1 (a point of origin labeling) of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 27 subparagraph 2 and 8 (1) 4 of the Act on Labeling and Advertising of Foods, Etc., which are applicable to criminal facts, and on the choice of punishment;