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(영문) 부산지방법원 2015.10.15 2015고단4591
농수산물의원산지표시에관한법률위반
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A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

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

Nevertheless, from February 14, 2015 to June 18, 2015, the Defendant purchased approximately 11,132.5km to 11,18,54 won, 890.kgggs to 9,219,531 won to purchase approximately 24,219,750 won in the market price of Chile, and to display approximately 1,070.5 gs to 1,18,650 won in the Republic of Korea, and to sell the said 814.2gs to many unspecified domestic customers, while selling the said 1,132.5 ggs to 3,00,000 won in terms of the market price of Chile and 1,070.5 gggs and market price of Chile and to 18,187,650 won in the Republic of Korea, and to display the said 814.2ggs to 3,000.

Accordingly, the Defendant made a false indication of origin.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Photographs photographs at each place of violation, details of purchase of Chile swine, and statements of each transaction;

1. Application of Acts and subordinate statutes to each investigation report (No. 13, 16, 20, 24 No. 13, 14);

1. Relevant Article 14 and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (Concurrent Imposition of Imprisonment and fines) concerning facts constituting an offense and Article 6 (1) 1 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the range of recommending sentence] false labelling [the scope of recommending sentence] and the basic area (4 to 1 year) of the category 1 (small and Medium-sized type (less than 50 million won)] (4 to 1 year) [the decision of sentencing] of the basic area (4 to 1 year] [the decision of sentencing] of the defendant was punished by a fine for the same kind of crime

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