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(영문) 의정부지방법원 2018.05.10 2018고정573
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual meat sales store, called “C,” in the Dong Government-si building B.

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

Nevertheless, from Oct. 25, 2017 to Nov. 15, 2017, the Defendant displayed 165.83km of lurdo 165.83km and Mexico swine 60.35 km on the display stand, and sold approximately 185.18 km among them to the domestic swine machine.

Accordingly, the defendant made a false indication of the origin of agricultural and fishery products.

Summary of Evidence

1. Statement by the defendant in court;

1. Confirmation of the violation, on-site violation, evidence photographs, investigation reports (Securing details of purchase of imported livestock products), copy of business registration certificate, summary of details of purchase of imported livestock products C, and director of the Customer;

1. Application of Acts and subordinate statutes to inquiries about criminal records and investigation records;

1. Article 14 (1) and Article 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Fines concerning facts constituting an offense, and Articles 14 (1) and 6 (2) of the same Act;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

However, the crime of this case, where the defendant, while operating the meat sales store, sold Linsan or Mexico pigs with a false indication of origin in Korea, is not less than that of the crime in light of the contents and methods of the crime, the legislative intent of the Act on Origin Labeling of Agricultural and Fishery Products, etc. The crime of this case is more severe than that of a fine not exceeding KRW 100,000, and the amount of the swine scrap sold by the defendant with a false indication of origin is relatively small.

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