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(영문) 창원지방법원 마산지원 2015.09.08 2015고단658
농수산물의원산지표시에관한법률위반등
Text

Defendant

A Imprisonment of 1 year and fine of 10,000,000 won, Defendant B of 6 months, and Defendant Fisheries Corporation.

Reasons

Punishment of the crime

Defendant

A is a person who supplies fishery products, which are food materials supplied to group meal places such as national elementary, middle, and high schools, while operating food manufacturing and processing enterprise E and 101 in Changwon-si E and 101, and Defendant B is a person who overall manages the purchase, supply, processing, etc. of fishery products at the above company’s place of business as the head of the above company.

1. No person shall make a false indication of origin or make a false indication that may cause confusion as to the origin of a trademark under subparagraph A or B;

While the Defendants purchased fishery products, such as fish and shellfish, and supplied them to the customers after subdivision, they were unable to secure the quantity of domestic fishery products required by the transaction partners, and were in mind to deliver them to the transaction partners by mixing imported fishery products and domestic fishery products in order to secure the existing transaction partners and increase the rate of return.

On January 2, 2014, the Defendants conspiredd to put up a false indication of origin at C’s place of business by mixing and subdividing 20 km (a total of 320,000 won of the supplied goods) of Vietnam and the domestic oxygen (a total of 320,000 won of the supplied goods) with a box with the country of origin marked on it, and supplying food materials to F, which is an enterprise that supplies food materials to the group meal facilities such as elementary, middle, and high schools.

이를 비롯하여 피고인들은 공모하여 그 무렵부터 2015. 6. 24.까지 F 등 51개 거래처에 별지 범죄일람표 기재와 같이, 1,319회에 걸쳐 베트남산과 국내산이 혼합된 낙지 합계 27,945.5kg(납품가 합계 469,126,700원 상당), 8,266회에 걸쳐 중국산과 국내산이 혼합된 바지락살 합계 35,472.8kg(납품가 합계 514,320,460원 상당), 1,282회에 걸쳐 베트남산과 국내산이 혼합된 쭈꾸미 합계 31,009.3kg(납품가 합계 489,889,600원 상당), 5,186회에 걸쳐 중국산과 국내산이 혼합된 새우 합계 27,408.35kg 납품가 합계 494,643,775원...

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