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(영문) 부산지방법원 2015.11.26 2015고단6607
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who sells fishery products, such as tending “D” in the Busan Jin-gu C market, for wholesale and retail.

In spite of the fact that no person makes a false indication of the origin of fishery products, the Defendant knew that there was a difference in the unit price, such as trading approximately KRW 11,000 domestically tending to trade in approximately 11,00 won at the time of trading between China and China 1kg, with the intent to increase the profits equivalent to the difference, and sentenced to sell by falsely indicating the origin of Korea tending to sell it with the intention to increase the profits equivalent to the difference in the difference.

On April 1, 2013, the Defendant: (a) divided up to KRW 9,00,00 of the Republic of Korea (hereinafter “F”) purchased from the said D from the said D to the plastic bag; (b) sold the place of origin Stackers to be marked “in the country of origin:” through the manufacturer of the country of origin Stackers kept in D; (c) arbitrarily printed the relevant Stackers to be marked “in the country of origin:” and then sold KRW 13,00 per kilogram to the business entity “F,” which is the business entity on the same day after attaching the Stackers on the plastic bag.

In addition, from that time to August 31, 2015, the Defendant falsely marked the origin of China-China as indicated in the attached list of crimes, and sold it after receiving total sales amounting to KRW 769,485,900 in the place of business, such as the transaction party in the attached list, in total as indicated in the attached list of crimes, at KRW 62,05,05,90.

Accordingly, the Defendant made a false indication of the origin of fishery products.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, J, K, L, M, N, P, Q, R, T, T, and U;

1. A written statement in V and W;

1. Police seizure records;

1. Application of Acts and subordinate statutes to the details of orders for field bond photographs, food materials by customer, each certificate of origin, each name of customer, order sheet, order sheet, transaction report by period, order document, transaction statement, copy of transaction sheet, transaction ledger, E and transaction statement by damage company;

1. Article 2 of the Act on the Origin Labeling of Agricultural and Fishery Products and the Selection of Punishments;

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