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(영문) 대전지방법원 2020.10.15 2020고단1992
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for six months and by a fine of 45 million won.

When the defendant does not pay the above fine, 250,000.

Reasons

Criminal facts

No person shall sell agricultural and fishery products with the country of origin disguised, or sell, store or display for the purpose of sale, such products mixed with other agricultural and fishery products with the country of origin labeling.

Nevertheless, from June 20, 2019 to December 2, 2019, the Defendant purchased at “C” operated by the Defendant in Daejeon-gu, Daejeon-gu, to purchase at around 313km, from around June 20, 2019 to around December 2, 2019, sold at KRW 40.85km to KRW 4,290,130, and indicated the origin as “domestic Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinesebbbb,” and sold at KRW 320 to KRW 17,60,00, mixed with Chinese Chinese Chinesebb, and indicated the origin as “domestic Chinesebbb,” and purchased at KRW 1,618km to purchase at KRW 1,618km, and sold at KRW 23,947,053, among them, indicated the origin as “domestic Chinese.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender, notification of the result of an examination of origin, and application of Acts and subordinate statutes for investigation report (specific number of offenses);

1. Relevant Article of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 14 (1) and 6 (1) 3 (generality), imprisonment with labor and fines concurrently;

1. The order to provide community service under Article 62 (1) of the Criminal Act with regard to the suspension of the execution of Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is recognized is favorable to the defendant.

However, false labeling of the origin of food is a serious criminal that undermines fair trade and consumer's reasonable choice, public confidence in food, and in particular, the public preference to domestic and import products that the defendant committed with false labeling of the origin is definitely different, and accordingly the price differs significantly, and the defendant was not prosecuted separately, but the defendant was not prosecuted separately.

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