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(영문) 대구지방법원 2017.11.29 2017고단5434

농수산물의원산지표시에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a fishery product sales store in the name of “E” in Daegu Northern-gu D.

No person who sells agricultural and fishery products shall make a false indication of origin on the raw materials of agricultural and fishery products or the processed products thereof.

From July 5, 2015 to July 26, 2017, the Defendant sold to an unspecified number of consumers by falsely marking the country of origin in the “domestic origin”, when selling an import snick 8,914km totaling KRW 28,524,00,00, such as Morocco, Chinese and protruding mountain, etc. in the above E.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (inspection of performance on purchase of snn beams), investigation report (verification of the actual state of origin labeling, and request for analysis of genes), on-site photographs;

1. Application of Acts and subordinate statutes notifying results of genetic analysis;

1. Relevant Article 14 and Article 6 (1) 1 of the Act on the Origin Labeling of Agricultural and Fishery Products and Selection of Imprisonment with prison labor for the crime;

1. The Defendant’s crime of this case with the reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is an act that infringes on the consumer’s trust in the indication of origin and undermines sound distribution order, and thus, requires strict punishment. The Defendant’s quantity and sales amount of the snick snick snick snick snick

The fact that the defendant reflects his mistake, and that the defendant has no record of criminal punishment is favorable.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.