농수산물의원산지표시에관한법률위반
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 3,00,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
No person shall commit an act of disguised sale of origin.
From February 2014 to June 2015, the Defendant operated “D” at Kimcheon-si Co., Ltd. Around May 2, 2014, the Defendant sold approximately KRW 500 km of U.S. product batteries to “G cafeteria” operated by Kimcheon-si from May 2014 to June 2015, without indicating the origin, and distributed them to the said F the country of origin in a false manner by stating the origin in the transaction specification as “domestic origin” and selling them.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to an investigation report (verification of details of purchase of imported livestock products, sales unit price at the time of a U.S. wood cell, and false specifications of transactions with the origin indicated therein);
1. Articles 14 and 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products (generally, imprisonment with prison labor and fines) concerning facts constituting an offense;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is likely to seriously undermine consumer confidence by impeding the distribution order of sound agricultural and fishery products and infringing consumers' right of choice on whether to purchase agricultural and fishery products, and thus, it is necessary to impose strict punishment on the defendant due to extremely poor nature of the crime.
However, the execution of imprisonment shall be suspended in consideration of the fact that it appears to reflect the crime, the fact that there is no record of the same kind of crime, etc., and a corresponding fine shall be imposed in consideration of the quantity sold and the profits acquired thereby.