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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall make a false indication of the place of origin, which sells or provides agricultural and fishery products or the processed products thereof after cooking, or make a false indication that may cause confusion therewith.
The Defendant purchased 35,60,000 gg from E, a company located in Gyeongyang-gun, Gyeongyang-si, from July 23, 2018 to June 11, 2019, for double 3,510 g (17,550 gs., 157,950,000 gs.) double 3,510 gs. (17,550 gs., 157,950,000 gs.) to customers who find C during the above period, and sold them to customers who find C as swine, with the indication of origin as swine. The Defendant stated “Korea swine gals and swine gs., Germany”
Accordingly, the Defendant indicated that the country of origin overlaps with the bones ginseng of Germany, which could cause customers to confuse with domestic products.
Summary of Evidence
1. Defendant's legal statement;
1. An investigation report (specific report on the quantity sold in violation of the country of origin labeling);
1. The commissioner of trading, details of purchase, and detailed statement of trading;
1. Application of Acts and subordinate statutes governing the detection field photographs;
1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Imprisonment with prison labor for facts constituting an offense;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The period of crime is not short, sales are not large, and circumstances favorable to the credibility of consumers in the country of origin of food due to the same type of crime as this case: The first offender is the first offender; the criminal is divided and reflected; the defendant's age, character and behavior, environment, and circumstances before and after the crime are taken into account; and the punishment is determined as per the disposition.