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(영문) 서울남부지방법원 2013.10.30 2013고단3053
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant was engaged in food wholesale and retail business in the name of Geumcheon-gu Seoul Metropolitan Government "C" (business registration under the name of friendly D).

From September 17, 2012 to April 11, 2013, the Defendant manufactured kimchi by mixing the domestic distribution trend of 44,379 (amounting to 96,050,000) in China purchased from “E”, which is a food importer company in the above C, with half of the domestic distribution trend, but manufactured kimchi by mixing red powder powder, strings, and salted fish, etc., the Defendant, using only domestic distribution trends, falsely marked the origin of “domestic kimchi F” and “in Korea” in the ingredients column, sold 10 km to distribution companies, including G, with the origin of “15,00 won per 10 km.”

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. The current status of sales in C and the application of probationary statutes;

1. Articles 14 and 6 (1) of the Act on the Origin Labeling of Agricultural and Fishery Products and the choice of imprisonment (Concurrent punishment of fines) with labor, in comprehensive application of the relevant provisions concerning the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the fact that the defendant reflects his mistake, the fact that the defendant has no record of punishment not less than imprisonment without prison labor, the health status of the defendant, etc.);

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