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(영문) 대구지방법원 의성지원 2019.11.28 2019고단295
농수산물의원산지표시에관한법률위반
Text

Defendant

A Imprisonment for a year and fine of 15,000,000 won, and Defendant B’s agricultural partnership shall be punished by a fine of 15,00,000 won, respectively.

Reasons

Punishment of the crime

1. Defendant A is the representative director who operates a food-manufacturing company under the trade name of “B agricultural partnership” in Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-do.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

Nevertheless, from October 26, 2017 to October 10, 2018, the Defendant purchased “E” located in Daegu Suwon-gu D and “G” located in Cheongbuk-gunF, and purchased 99.4 tons in China, and then produced and packaged a total of 189,05 km for a Korean agricultural partnership “B” processing plant as shown in the list of crimes attached hereto, mixed with a domestic string for 188 times, and marked a false origin by stating the origin of the red-use powder as “100% in Korea.”

2. Defendant B, the representative director of the Defendant’s agricultural partnership Defendant B, committed an act of violation as described in paragraph (1) with respect to the Defendant’s business at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Each statement of H and I prepared;

1. Results of the production process of B farming cooperatives, research on the classification of the country of origin of molds, confirmation certificate and field photographs, results of the examination of the current light view, examination request and examination, results of examination request and examination, detailed statement of each transaction, production log, etc., domestic and medium domestic raw materials storage inspection sheet, inspection sheet, raw materials receipt sheet, domestic and medium domestic raw materials storage inspection sheet, domestic and medium materials purchase price sheet, purchase price receipt sheet, statement statement, transaction statement, etc., result of verification of origin, sales certificate, agricultural partnership registration, etc., copy of passbook, etc.;

1. Application of Acts and subordinate statutes to each protocol of seizure and each list of seizure;

1. Article 14(1) and Article 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products, the choice of imprisonment, and the concurrent imposition of fines: The origin of agricultural and fishery products.

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