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(영문) 대구지방법원 서부지원 2018.09.20 2017고단3136
농수산물의원산지표시에관한법률위반
Text

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

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

Reasons

Punishment of the crime

No person shall commit an act of disguised sale of origin.

Nevertheless, from January 2016 to August 31, 2017, the Defendant sold 21,275 km in total at 16 business partners, as indicated in the attached Table of Crimes, to the Defendant’s operation “D”, the Defendant sold 200 million won of the total market price of 21,275 km in total at 16 business partners as indicated in the attached Table of Crimes.

Accordingly, the Defendant sold the country of origin of “China” as “domestic origin” in disguised manner.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Results of each on-site investigation, and photographs of each site;

1. The records of the distribution of outstanding fish products, each imported fishery product distribution history, each country of origin confirmation certificate, specifications of transactions, etc., photographs, G transactions records, reports on the past record of the distribution of imported goods, and the current status of D customers;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant Article 14 (1) and 6 (1) 3 (including inclusive) of the Act on the Labeling of Origin of Agricultural and Fishery Products and the Selection of Criminal Proceeds from Crimes and the Selection of the Status of Agricultural and Fishery Products;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the criminal defendant committed all the crimes in this case, the criminal defendant has no record of punishing the same kind of criminal defendant, and the criminal defendant has suspended business);

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