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(영문) 서울동부지방법원 2017.08.10 2017고단1679
농수산물의원산지표시에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant operates a fishery products wholesale and retail company under the trade name of “D” in the Seoul Songpa-gu Seoul Metropolitan Government C market.

A person who produces, processes, ships, or stores or displays agricultural and fishery products or the processed products thereof for the purpose of selling, or selling them shall not place a false label of origin on agricultural and fishery products or the raw materials of the processed products thereof, or place a label which may cause confusion with such products.

Nevertheless, around September 1, 2012, the Defendant purchased 423 km from the Republic of Korea from the Republic of Korea from the “E” and manufactured them at the digging expense, and thereafter sold them with a false indication of origin in the Republic of Korea. From that time, until January 20, 2017, the Defendant purchased 24,212 km for reference to the Chinese freezing as shown in the list of crimes in attached Table 20,175, and made a false indication of origin in the Republic of Korea at the risk of 20,1752, and then manufactured 14,120,000 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each report on investigation;

1. Business registration certificate;

1. Detailed details of history of distributing imported fishery products, details of purchase, details of trading, and sales items;

1. Application of each statute on photographs;

1. Article 14 of the Act on the Labeling of Origin of Agricultural and Fishery Products and Articles 6 (1) 1 and 6 (1) 1 of the former Act on the Labeling of Origin of Agricultural and Fishery Products (amended by Act No. 14291, Dec. 2, 2016);

1. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of the recommended sentence] The basic area (10 months to 2 years) of the two types of false labelling (the decision of sentence] [the decision of sentence] of the basic area (10 months to 2 years): The crime of this case is committed under the circumstances that the consumer's trust in food and undermine sound distribution order, and the crime of this case is not good, and the period of crime is not short, and the amount of falsely labeled fishery products is not large: The defendant's age, sex is committed, and the defendant's mistake is against the defendant's age.

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