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(영문) 울산지방법원 2020.12.11 2020고합255

농수산물의원산지표시에관한법률위반등

Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of twenty million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

【Criminal Power】 On June 29, 2018, the Defendant was issued a summary order of KRW 3 million on the grounds of violating the Act on Origin Labeling of Agricultural and Fishery Products at the Busan District Court’s Dong Branch Branch, and the said summary order became final and conclusive on August 4, 2018.

【Criminal Fact-finding】 The Defendant is a person who operates F in the D or Yangsan City E located in the building B of the livestock products sales business chain in Yangsan City.

1. No person who violates the Act on the Labeling of Origin of Agricultural and Fishery Products shall place a false label of origin or place a label which may cause confusion as to the place of origin, or sell agricultural and fishery products in a disguised manner;

Nevertheless, during the period from January 25, 2019 to January 6, 2020, the Defendant sold the country of origin by attaching a label with a false indication of "domestic origin" to the Australian P (Liabilities) flag from January 11, 2019 to January 6, 2020. From January 11, 2019 to January 6, 2020, the Defendant sold the said label with a false indication of origin or disguised sale of the country of origin by means of false or disguised origin, such as the list of crimes in the attached Form D and F (1).

As a result, the Defendant was sentenced to punishment for an offense under Article 14(1) of the Act on Origin Labeling of Agricultural and Fishery Products and again violated Article 6(1) of the same Act within five years after the sentence became final and conclusive.

To the extent that it does not interfere with the defendant's right of defense, part of the crime was revised.

2. No person who violates the Livestock Products Sanitary Control Act shall place any indication or advertisement likely to deceive, mislead or confuse consumers in relation to the names, manufacturing methods, ingredients, dietitians, raw materials, use and quality of livestock products, packaging of livestock products and processed livestock products traceability;

Nevertheless, between July 17, 2018 and March 13, 2019, the Defendant is equivalent to KRW 5,807,050,050, which is the sum of the market prices from the business partner “G” and “H” as indicated in the separate crime list (2).