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(영문) 수원지방법원 안산지원 2015.07.15 2015고단1323
농수산물의원산지표시에관한법률위반
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A defendant shall be punished by imprisonment for not more than ten 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

A person who cooks and sells or provides agricultural and fishery products or the processed products thereof shall not make a false indication of origin.

Nevertheless, from January 1, 2015 to April 1, 2015, the Defendant indicated “C” restaurant located on the first floor of the unit B building in Ansan-si, Asan-si, the market price of which is equivalent to KRW 4.260,000,000 (hereinafter “U.S., Mexico”), and indicated 3,472 km of “Span, Germany,” the market price of which is equivalent to KRW 23.60,000,000 (hereinafter “U.S., Mexico”); indicated 40 km of 5.60,000,000,000 won as “U.S.,” and indicated 1,730,030,000,000 won as “U.S.,” and sold 1,68,000,000 won as “U.S., 3,688,000,000 won.”

Accordingly, the defendant prepared and sold agricultural and fishery products or products processed therefrom, and falsely marked the country of origin.

Summary of Evidence

1. Defendant's legal statement;

1. Detailed lists of transactions, evidence of the scene, and photographs of the scene;

1. Each investigation report (verification of the details of purchase of finished products with domestic original products, confirmation of the details of purchase of swine meat, false indication of the place of origin at C Ansan point, and verification of the quantity of violation), details of purchase, and application of the Acts and subordinate statutes of the customer director;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the range of recommending punishment] The basic area (10 to 2 years) of the type 2 (general type) (10 to 2 years) is nonexistent.

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