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(영문) 인천지방법원 2013.03.12 2013고단366

농수산물의원산지표시에관한법률위반

Text

Defendant

A shall be punished by imprisonment for 8 months, by a fine of 2,00,000 won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who conducts a manufacturing business of peeping peeping as the representative of a stock company B located in Nam-gu Incheon Metropolitan City, Nam-gu D.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

From November 13, 2012 to December 21, 2012, the Defendant: (a) manufactured 160 tons of rice powder 160 tons of rice powder and imported rice powder 260 tons of rice powder purchased from F (ju) at the above business establishment; (b) sold a false label indicating the origin of rice as a raw material in Korea; (c) sold 119,113km (158,908,80 won) (158,900 won) and kept 48 tons of rice products of the above category to sell.

2. The above A, the representative of the Defendant Company B, committed a false act of violating the country of origin labeling at the same date, time, and place as described in the above paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. G statements;

1. Details of each transaction (import rice purchase), a copy of a business registration certificate, a copy of a business report, the indication of the place of origin of rice and the inventory of products;

1. Application of each evidence photograph and examination of evidence of violated business places, and Acts and subordinate statutes;

1. Article 14 of the Act on Origin Labeling of Agricultural and Fishery Products and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Article 6 (1) 2 of the same Act: Defendant B: Articles 17, 14, and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products;

1. Defendant A who has suspended execution: Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1448, Apr. 21, 2011); Article 62 (1) of the same Act (see, e.g., Supreme Court Decision 201Do1