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(영문) 창원지방법원 2015.02.10 2014고단3194

농수산물의원산지표시에관한법률위반

Text

1. The defendant shall be punished by imprisonment for eight months and a fine of five thousand won; and

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who manufactures and sells peep oil and barleys in the trade name of Kim Sea C and D.

1. From January 3, 2014 to July 18, 2014, the Defendant purchased U.S. dollars from G located in F at the window of Changwon-si to June 24, 2014, from Jun. 24, 2014 to Jun. 26, 2014, the Defendant purchased 7,632 kilograms from G located in Syang-si Ha, to Jun. 26, 2014, to 275,632km in the sum of 275,632km, mixing the U.S. dollars and domestic barley at the workplace of the above E, mixed them with 5:5,00, 100% of the mix, with the mark of origin “in Korea”, and sold them with the mark of origin “in Korea” by using the 100% of the marry products.

The Defendant, as above, sold 37,960km (sales amount of KRW 40,807,00) by falsely indicating the origin of the mixture to K in the J of the Gyeong-gun of the Gyeongbuk-gun of the Republic of Korea with the origin of the Republic of Korea.

2. On August 29, 2014, the Defendant sold 13,866km (sale amount to 27,022,000) as it is without changing the country of origin mark to the products made of a Bori-ro mixed Bori from August 29, 2014 to September 11, 2014, even though the Defendant was ordered to take corrective measures against the change of the country of origin by the National Agricultural Products Quality Management Service, etc., after the inspection of the country of origin mark in the above E, notwithstanding the fact that the Defendant was ordered to take corrective measures against the change of the country of origin mark.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Evidence and photographs of violations of the indication of origin, records of seizure, and seizure list;

1. Application of Acts and subordinate statutes to a investigative report (verification of details of purchase in U.S. dollars), investigative report (verification of a violation of a corrective order), investigative report (verification of the amount of violation of a corrective order), investigative report (verification of the details of transactions in K), investigative report (Aggregation of sales details of products in E peep), and investigation report (verification of mixed ratio by measuring samples);

1. The false indication of origin under Article 14 and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products, which is applicable to the relevant criminal facts and the selection of punishment;