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(영문) 전주지방법원 2017.11.29 2017고단1653

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by imprisonment for six months and by a fine for 7,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is the representative of D, which is a manufacturer of processed products, such as red molds powder, etc., located in Hongjin-gu, Jeonjin-gu, Seoul, and the representative of F, which is a limited liability company that sells processed products and agricultural products in the same Sinsan-gu E (the closure of June 29, 2017).

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, between May 10, 2016 and April 26, 2017, the Defendant: (a) falsely marked the origin “30% in Korea, and 70% in China,” in the indication column of packing materials for solid powder products produced in combination with 10% in Korea and 90% in China; (b) sold products worth KRW 48,150,00 in total at five business places (main) off off at five business places other than 304km in total; and (c) stored products worth KRW 2,736,00 in five business places for the same purpose; (d) from May 10, 2016 to April 26, 2017, the Defendant sold the products to many and unspecified consumers at KRW 308,50 in total by means of the said large number of companies from May 20, 2016 to April 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Photographs of detection of the site and photographs of voluntary submission;

1. Statement of records of receipt and payment of raw materials, the place of production or work, and products;

1. A table of total production of Chinese red powder products, a table of total sales of Chinese red powder products, and a table of total sales of Chinese red powder powder;

1. Details of the purchase ledger and each statement of trading;

1. Photographss, etc. of D tax invoices;

1. The application of the investigation report (D’s report on the details of the sale of molds 30% in Korea, and 70% in China) and the investigation report (D’s report on the number of molds 30% in Korea and 70% in Korea).

1. Article 15 of the Act on the Origin Labeling of Agricultural and Fishery Products and the former Act on the Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016) regarding criminal facts.