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(영문) 전주지방법원 2015.10.22 2015고단944
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The Defendant is a person who produces the processed products of agricultural and fishery products while operating the “C” in the Jeonbuk-gun, Jeonbuk-gun.

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 indicate the country of origin on the raw materials of agricultural and fishery products or the processed products thereof, and no person shall put a false indication of the country of origin or put a mark likely to cause confusion therewith.

On June 17, 2014, from around December 17, 2014 to around December 4, 2012, the Defendant purchased KRW 7,000 g of 11,715,00 from the grains to 131,00 from the imported rice.

Between June 27, 2014 and January 13, 2015, the Defendant: (a) used approximately 295 Ma900 g of rice entering the Republic of Korea; (b) manufactured a product name of approximately 532,305 litres from “D” and “E”, and made a 709,740 litres from rice production; (c) falsely marked the place of origin of rice as a domestic product; and (d) sold 617,260 wres from 617,260 wres from 462,945,00 wres from cresponding for the same period to 462,945,00 wres from cresponding to 400 wres from cresponding to cresponding to sell the remainder of 3,400 wres.

As a result, the Defendant falsely indicated the origin on the raw materials of processed agricultural and fishery products.

Summary of Evidence

1. Defendant's legal statement;

1. Totalization of details of rice entry into the Republic of Korea, C details of transactions (related to manufactured food), C stampling production and sales, and inventory receipt and payment notification;

1. Application of Acts and subordinate statutes to each investigation report (the analysis report on the manufacture of products, reporting on the details of purchase of rice from imported products, and reporting on the details of violations);

1. Article 14 and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (generally and Imprisonment with labor) concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under the Criminal Act;

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