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(영문) 대구지방법원 2015.04.10 2015고단93

농수산물의원산지표시에관한법률위반

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who engages in a construction and wholesale business with the trade name “C” from Gyeongsan-si.

No person who produces or processes and ships agricultural products or processed agricultural products, or stores or displays such products for the purpose of selling or selling shall place a false mark of origin or place a mark likely to cause confusion as such.

From October 2013 to January 2014, the Defendant purchased 54,480km 327,825,500, which was produced by the Cheongdo-gun in Chungcheongnam-do-si, and built and selected the Defendant without separately managing 3,750kms produced by the Defendant in Busan-si and Cheongdo-gun.

The Defendant indicated that it is likely to cause confusion to a person who is light acid, and sold 60,390km to 393,396,000 won in Seoul Central and Medium Market, etc.

Summary of Evidence

1. Defendant's legal statement;

1. On-site confirmation, four copies of evidence photographs, investigation reports (Attachment to details of the purchase and sale of the stude and stude), details of purchase and trading, details of sales and statements of trading, application of Acts and subordinate statutes and statements of account;

1. Articles 14 and 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products under Relevant Acts concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The act of indicating the origin of agricultural and fishery products in disguised manner with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment as to undermining sound distribution order of agricultural and fishery products and undermining consumer confidence. The fact that the defendant sold a large amount of trend of origin disguisedly for a considerable period of time is unfavorable to the defendant, or that the defendant led to the confession of the crime and reflects his mistake, the profits acquired by the defendant due to the crime of this case are relatively small, the profits acquired by the crime of this case are not subject to punishment except several times of fines, and there are no other statements of the defendant's age, character, character, and intelligence.