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(영문) 의정부지방법원 2018.04.18 2017고단5385
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for one year and a fine of 10,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates “D” as a food manufacturing and processing business entity in Spocheon-si C.

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

Nevertheless, from March 11, 2017 to March 24, 2017, the Defendant purchased 4,553 km in the U.S. liquid eggs from E, a seller of the instant factory, from E, to March 11, 2017, the Defendant used it to put 11,168 out 14,68,208,08,084, which is marked as having used the domestic liquid eggs for the product while producing 14,685,543 stuffs and 11,726.

Accordingly, the Defendant made a false indication of origin.

Summary of Evidence

1. Statement by the defendant in court;

1. AF statement;

1. Application of investigation reports (explosion of purchase details in U.S. dollars), details of manufacture of D products, text messages sent and received between the defendant and his/her representative and the supplier's representative, and the law of Belgium in the amount;

1. Imposition of relevant laws and punishment as to facts constituting an offense and of fines under 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; Act No. 14291, Jun. 3, 2017);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years, and fine of 50,000 won to one hundred million won; and

2. Application of the sentencing criteria (decision of the type), (decision of the type), food health crimes, false labelling, and Type 2 (General Type) (Scope of recommended punishment) (Scope of recommended punishment), from 10 months to 2 years (basic area).

3. Determination of sentence: Imprisonment with prison labor for one year (two years of suspended sentence) and fines for 10,000,000 won shall be imposed concurrently, in consideration of the fact that the size of sales from the crime of this case is not small and that the defendant has a large number of criminal records, etc.

(b).

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