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(영문) 수원지방법원 2015.06.24 2014고단7016

농수산물의원산지표시에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the actual operator of a food manufacturing and processing company with the trade name “E” located in the former North Korea-U.D.

1. A person who engages in the business of manufacturing, processing, and selling foods in violation of the Act on Origin Labeling of Agricultural and Fishery Products shall place a mark of origin on the raw materials of products he/she sells, if the principal materials of such products are agricultural products, and no person shall place a false mark of origin on such products;

Around August 2013, the Defendant purchased 500 km (20 km x 25) for improving the Republic of Korea supplied from Company G and removed the packaging site, and made a false indication of origin by dividing from Defendant E to 500 as if he/she was manufactured as a domestic bean in Korea: The name of the good: H; the place of origin; and the 1 km 500 g, marked as “domestic origin”, into 1 km and 500 g, marked as “E”, within the storage of “E” located in F in Sungsung-si, and then, removed the packaging site.

2. Around August 2013, the Defendant: (a) made a false representation of the origin of China (an amount equivalent to KRW 2,000 at the market price of KRW 1kg) as if it were the domestic main note (an amount equivalent to KRW 7,500 at the market price) at the above location; (b) made a false representation of the origin; and (c) received KRW 3,750,000,000 from the victims, who are operators of agricultural products wholesale and retail businesses, as above, the sum of the market price of KRW 50 kilograms in the middle Korean main note with the false indication of origin, and sold the victims at the domestic main note price; and (d) received KRW 3,750,000,000 from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements of M, I, J, K, and L;

1. Articles 14 and 6 (1) 1 (a point of origin labeling) of the Act on Origin Labeling of Agricultural and Fishery Products concerning criminal facts, Article 347 (1) of each Criminal Act and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;