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(영문) 전주지방법원 2017.05.18 2016고단2414
농수산물의원산지표시에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The gist of the facts charged is that the Defendant is the representative director of “D Co., Ltd. of an agricultural company” that produces galms, etc. in North Korea-U.S. C.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, from August 2015 to August 2016, the Defendant manufactured the above “E” so-called “D Co., Ltd. Co., Ltd.” by using entry non-entry fluories and fluories. In fact, even though he manufactured by using the non-entry fluoration of imported acid and the fluoration of domestic acid, the Defendant indicated the “rice (Non-entry fluorus-U.S.)” on the product labeling as if both the entry fluor and fluoration fluor were domestically produced, and sold the said so-called 52 million won in total by falsely marking the origin as if both the non-entry fluor were domestically produced (4,00 disease for general consumers x 1,000 x 1,000 x 13 months).

2. The gist of the Defendant’s assertion is consistent with the indication of “rice (Non-entry / glin US-domestic acid)” on labels manufactured by the Defendant and his defense counsel. However, the purport of the indictment of this case is that the indictment of this case was in violation of the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter “Rules of Origin Labeling”) since it is likely to mislead the non-entry into the Republic of Korea due to the aforementioned indication, and thus, entry constitutes “food additives” and is not subject to origin labeling under the Rules of Origin Labeling and Enforcement Decree, and thus cannot be punished as a violation of the Rules of Origin Labeling.

3. Determination

(a) The country of origin labeling Act and subordinate statutes (1) The agricultural and fishery products or the processed products thereof prescribed by Presidential Decree are produced, processed and shipped, or sold (including mail orders);

Any person who keeps or displays for the purpose of sale (hereinafter the same shall apply) or who keeps or displays for the purpose of sale shall indicate the following origin:

1. Agricultural and fishery products;

2. Article 6 (False Information) of the raw materials for processed agricultural and fishery products.

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