209 Highest 470 Violation of the Agricultural Products Quality Control Act

A person shall be appointed.

Housing Daegu

Housing Daegu

Reference domicile

White Lives

A person shall be appointed.

March 27, 2009

A defendant shall be punished by imprisonment for not less than eight months.

The number of days of detention before this judgment is sentenced shall be 50 days included in the above sentence.

Criminal facts

The Defendant is a person who is engaged in manufacturing and distributing of red moldss while operating a store in the Daegu Daegu Agricultural Products Wholesale Market.

No one shall carry out an act of falsely marking the place of origin or likely to cause confusion with it, and sell raw materials in disguiseds, and raw materials used for processed products shall display the place of origin accurately according to the raw materials, such as raw materials where the mixture ratio among the relevant raw materials used is not less than 50%, if there are raw materials with a mixture ratio of not less than 50%, and raw materials where there are two raw materials with a mixture ratio of not less than 50%, the place of origin shall be indicated in order of mixing ratio, and raw materials shall not be used for any substance other than straws contained in the raw materials straw, and those generated from the raw materials straws shall not be used separately, and the solid straws contained in the red straws shall not be used for the purpose of manufacturing the solid straws.

Nevertheless, the Defendant, rather than in the Republic of Korea, tried to sell the manufacturing unit price by lowering the manufacturing unit price by using the method of false display of the origin of each product, etc., with a low-level domestic strawing, which is a low-value of raw materials, added to red and flaging products.

Criminal Act

A person shall be appointed.

From March 2008 to January 9, 2009, the Defendant, at the said store, engaged in the act of falsely marking the country of origin by 10% in Korea, 33% in Korea, 33% in China, 70% in China, and 20% in mixed ideas with 30% in Chinese products (the actual unit price of production 4,025 won in marks, 5, 160 won in marks). On the other hand, the Defendant sold the products to customers and customers by disguiseding the country of origin manufactured in proportion to the above 30t quantity (the unit price of Article 34,050, 000 won in accordance with the difference in the unit price of production).

From March 208 to January 9, 2009, the Defendant committed an act of falsely indicating the country of origin by marking "10% of the country of origin" as to the quantity of 24t Ga, mixed with the above North Daegu Agricultural Product Wholesale Market (the actual unit price of production 4, 640 won, the unit price of manufacturing 5,300 won, and the mark) at the store of the above North Daegu Agricultural Products Wholesale Market.

As above, the Defendant continued to sell 24t price to customers and customers by forging the country of origin as if it was manufactured in the same proportion as the above labeling. (In accordance with the difference of manufacturing cost, unjust enrichment of KRW 15,840,000).

Around January 9, 2009, the Defendant committed an act of falsely marking the country of origin by mixing the amount of 48 km in Korea with the amount of 45 km in China and the amount of 3 km in China.

From March 2008 to January 9, 2009, the Defendant committed an act of falsely indicating the country of origin by mixing the aforementioned and the Daegu Agricultural Product Wholesale Market Sales Places with 5% of domestic height, 10% of domestic height, 85% of the Chinese height, 60% of the Chinese origin, and 20% of the mixed ideas with respect to the 6t volume (the actual unit price of manufacture 5,005, 5, 380 won), and continuously sold to customers and customers by disguiseding the country of origin (the unit price of manufacture 60, 600, 380 won).

From March 2008 to January 9, 2009, the Defendant committed an act of falsely indicating the country of origin by marking “50% of the country of origin, 50% of the country of origin, and 50% of the country of China” on the quantity at the said and the Daegu Agricultural Product Wholesale Market outlet from March 2008 to around January 3, 2009 (the actual unit price of manufacture, KRW 5,600, the unit price of manufacture, KRW 6,400).

The Defendant continued to sell volume to customers and customers by forging the country of origin as if it was manufactured at the same rate as the above marking (unlawful enrichment of KRW 2,400,000 according to the difference between the unit price of production)

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of each prosecutor's suspect against the accused;

1. Each investigation report (the investigation records, pages 6, 43, 57, 72, 119);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 34-2 and Article 17 (1) 1 and 3 of the Quality Control of Agricultural Products Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Calculation of days of detention;

Article 57 of the Criminal Act

The punishment as ordered shall be determined in consideration of various sentencing conditions shown in the records and arguments of this case, including the following facts: (a) the amount of agricultural products with false country of origin labeling handled by the defendant is not significant; (b) the defendant was sentenced to the suspension of the execution of imprisonment for six years on September 1, 2006; and (c) the defendant committed the act of this case while being sentenced to the suspension of the execution of six years on January 11, 2007; and (c) the defendant committed the act of this case while being sentenced to the suspension of the execution of six years on September 11, 207; and (d) the other defendant's age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime; and (e) the circumstances after the crime.

Judge Wedh Jin