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(영문) 서울서부지방법원 2016.11.18 2016고정1297

농수산물의원산지표시에관한법률위반

Text

Defendant

A A shall be punished by a fine of KRW 15 million, and Defendant B shall be punished by a fine of KRW 15 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company that carries on the manufacture and wholesale retail sales business of the first call product, and the defendant A is the representative of the defendant B.

1. While Defendant A, while operating a stock company, imported the Belgium acid and produced the Belgium product as a raw material, Defendant A intended to sell the Belgium product as if it used only the Belgium acid as a raw material, even though he had changed the Belgium (in the shape of the Belgium) from the raw material of the Belgium product to Vietnam for the reduction of costs.

Defendant

A, from January 30 to February 11, 2016, from around January 30, 2015 to around February 11, 2016, purchased lives made of the Belgium in the Defendant Company B’s factory and manufactured them by mixing them with the Belgium at the Belgium. However, on the outer part of the product, the origin of the Belgium was indicated as “Belgium” and the 6,633 kinds of products, including “C” (a total of 1530,000,000 won per market value).

2. Defendant B Co., Ltd., the representative, Defendant B, as set forth in paragraph (1), made a false indication of the origin of the first call head as to the Defendant B’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. D's written confirmation;

1. Investigation report (specific report on the purchase details of Company B B, Vietnam War);

1. Copies of all the registered matters;

1. Application of Acts and subordinate statutes governing Belgiums;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 15 and 6(2)1 of the Act on Origin Labeling of Agricultural and Fishery Products and the choice of fines;

(b) Defendant B: Articles 17, 15, and 6(2)1 of the Act on Origin Labeling of Agricultural and Fishery Products

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act;