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(영문) 춘천지방법원 2017.06.14 2017고단235
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 16, 2015 to October 13, 2016, the Defendant is a person who operates a distribution company in a mutual belief, namely, “C,” in the name of “C”.

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

Nevertheless, around July 17, 2015, the Defendant purchased a c c c c c c c c c c c c c c c c c c c c c c c c sc c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c

From around that time to October 13, 2016, the Defendant, along with this, indicated that the Defendant’s sales of the 71,506,000 Won of the market price, as indicated in the “Woo-Sack Sack Sack Sack Sack’s Sack Sack’s Sack’s Sacked 7,254kg was likely to make a false indication of origin or cause confusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative report (perusing suspect interrogation protocol, and verifying whether a legal entity exists), business registration certificate, book of belief, etc.;

1. Application of the details of posting on the website, C on-site photographs, production and transaction specifications of C livestock product processed products, C on-site sales books, C on-site sales data, and C on- monthly aggregate list of processing months;

1. In addition to Article 14 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 14 and 6(1)1 of the former Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016; hereinafter referred to as the “former Act”) regarding criminal facts, the choice of imprisonment with prison labor shall be determined.

1. Article 62 of the Criminal Act:

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