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(영문) 대구지방법원 경주지원 2016.01.20 2015고단948
농수산물의원산지표시에관한법률위반등
Text

Defendant

A shall be punished by imprisonment of two years and fine of ten million won, and imprisonment of one year and fine of five million won, respectively.

Reasons

Punishment of the crime

1. No person who violates the Act on Origin Labeling of Agricultural and Fishery Products shall make a false indication of origin or make an indication that may cause confusion as to such indication;

A. From January 1, 2012 to September 30, 2012, Defendant A, the sole criminal defendant of Defendant A, purchased from G, etc. in the name of “F” operated by the Defendant located in the Busan Geum-gu, Busan, from G, etc., the total sum of 57,000 kilograms (24,000 g per 1 g) 2,850 gs of Korean rice purchased from G, etc. was mixed with the total of 57,850 gs of Korean rice in the domestic rice in the proportion of 2:1 or 3:1 gs of Korean rice, and then sold 20 gs of Korean rice in the restaurant, etc. in the way of packing them again on the packing materials indicated as “domestic” with the origin of 20 kgs of Korean.

Accordingly, the Defendant made a false indication of origin.

B. Defendant A and Defendant B conspired to commit the joint crime from October 1, 2012 to May 2, 2015, the Defendants sold approximately KRW 42,000 g of 20 km of domestic rice 203,020 g ( approximately 24,000 g per distribution) purchased from G, etc. from the above “F” to the above “F” by mixing the origin with the proportion of KRW 2:1 or 3:1 on domestic rice, and then, then, in a way of repackaging the origin into the packing materials indicated “domestic” and then selling approximately KRW 42,00 g of 20 g at a restaurant, etc.

Accordingly, the Defendants conspired to indicate the country of origin in collusion.

2. No grain processor or grain dealer who violates the Grain Management Act shall make a false indication or an exaggerated indication concerning the production year, quality, etc. of grain;

A. The Defendant, a sole crime dealer of Defendant A, sold rice with the place of origin labeling in the packaging materials of “H” at the time and place specified in the above 1-A, and indicated it differently from the facts, such as entering the false name in the indication of the packaging materials into “I U.S. and the J of the South Korean War”, which is merely a person with no merit.

B. Defendant A, and Defendant A.

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