2014Woo3007 A. Fraud

(b) Violation of the Act on Origin Labeling of Agricultural and Fishery Products;

1.O (72 - 1), public officials;

Incheon Residence

Seoul basic domicile

2. Standing 00 (72 - 1), Company Board

Residential Lighting Time

Busan District Court

3. Kim 00 (76 - 1), non-permanent,

Incheon Residence

Seoul basic domicile

4.O (72 - 1), free of office

Incheon Residence

Standard place of registration

(Court) Ad hoc (Public Trial) and Ad hoc (Public Trial)

Attorney Park Jong-chul (Defendant 00, KimO, Lee 00

Han-soo Law Firm (private ships for defendant YO)

Attorney Yoon - in charge

September 25, 2014

Defendants 100 and 100 each imprisonment with prison labor for a year and six months, Defendant Kim 00, and 100 each

A person shall be punished.

However, from the date this judgment became final and conclusive, for three years, defendant Kim 00, and Lee 00

for two years, the execution of each of the above penalties shall be suspended.

Defendant 160-hour community service for Defendant 160-hours, Defendant Kim00, and Defendant 120-hours for each of 120-hours

each order of service.

Seized evidence Nos. 1, 4 through 13 shall be forfeited from 00 to 13.

Criminal Facts 1)

Defendant JeonO is an incumbent police officer of the police station of 000 (a slope, removal from office on May 8, 2014) who actually operated '00 rice Dob and retail establishment' in the name of Yeonsu-gu, Incheon under the name of the wife Kim 00. Defendant JeonO is an employee of 'OO' who is the largest rice distributor in Korea, and Defendant Kim 00 and 00 were employees from the above 00.

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

Nevertheless, Defendant 00 engaged in the rice distribution business with the above 00 business entity registered in the name of wife Kim 00, but did not change the actual import, mixed domestic rice and domestic rice, followed by entering the quality labelling contents as domestic rice and selling it as if it were domestic rice.

Accordingly, in the 00 warehouse, Defendant O pretended that the mixed rice of Chinese and domestic rice was the 100% domestic rice produced in the Y, the false company, and that it was the 100% domestic rice produced in the YY, and suggested that Defendant O purchase it to Defendant 00, and 00, the son accepted it.

The Defendants at 00 windows operated by Defendant 00 on September 6, 2013, which was located in the Doi Jae-ro, Sii-si, Doi-si, around September 6, 2013; Defendant 00, an employee of the Defendants, installed through the Internet a mixture of rice with KRW 15 million and purchased at KRW 15 million; and had Defendant KimO, an employee, and 00.

00. Domestic rice and domestic rice purchased by the Korea Agricultural and Fishery Marketing Corporation shall be put in the mixture and mixed with such mixed machines. Defendant Kim 00 and Defendant Lee 00 shall make a mixture of domestic rice and domestic rice in the mixture and shall be put into the column of origin with ‘domestic products' in the column of origin with ‘domestic products', and 'we shall not actually exist in the column of origin with 00: 3 North Korean rice treatment place, address, 1: 256 - 32, 041 - 852 - 71313 : 00 - 10 - 40 - 5 - 10 - 10 - 5 - 20 - 4 - 7 - 5 - 7 - 1 - 4 - 7 - 5 - 1 - 3 - 5 - 1 - 4 - 5 - 7 - 1 0 - 5 -2 - 1 0 - 1 1 -2.

As a result, the Defendants conspired to indicate the origin in a false manner, sold the mixed rice as domestic rice to the victims who know the fact, and acquired the price by fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness 00, Kim 00, Lee 00

1. A protocol concerning the examination of some of the prosecutions against the defendants 00 and 00

1. Protocol concerning the suspect examination of some of the police officers against the defendant 00, 00, 100

1. Statement of each police statement of Ma00, Ma00, MaO0, MaOO, Ma00, Ma00, Ma00, Ma00, Ma00, Ma00, Ma00, Ma00, MaO00, MaO, and Ma00

1. Statement of each part of the police statement against Defendant 100, 100

1. Each written statement of Song 00, Kim 00, Lee 00, Lee 00

1. A copy of the monthly report on purchase, the director of the Korea Development Bank, and the details of transactions of passbooks in agricultural and fishery villages;

1. On-site photographs;

1. Each protocol of seizure and the list of seizure;

1. Return of data related to the control of origin of agricultural products;

1. Investigation report (the attachment of a detailed list of transactions in Mana rice and farm products, the compilation and analysis of CCTV-free image data, the counter-investigation of 00 knives of the long-term agricultural product, the supply of mixed rice packaging paper and the counter-investigation of 00 knives of the representative of the Seo-west Agriculture and farm, the investigation into the origin of rice, the investigation into the origin of rice, the hearing of some face-to-face statements of 00, the confirmation of the victim's 00-day list, the confirmation of the victim's 00-day list, the confirmation of the list of crimes in Mana rice and farm products, and the business registration certificate, etc.);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 347(1) and 30(c) of the Criminal Act, Article 14, Article 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products, Article 30(1) of the Criminal Act, and each choice of imprisonment with labor.

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution;

○ Defendant 00, Kim00, Lee 00: Article 62(1) of each Criminal Act

1. Social service order;

○ Defendant HaO, KimO, Lee O: each criminal law Article 62-2

1. Confiscation;

○ Defendant JeonO: Article 48(1)1 of the Criminal Act

Reasons for sentencing

1. The range of recommendations given to Defendant 20

Article 1 (Fraud)

[Scope of Recommendation Form]

General Fraud Type 2 (not less than KRW 100, less than KRW 500,00) basic area (one year to four years)

【Special Convicted Persons】

None

Article 2 (Food and Health)

[Scope of Recommendation Form]

Type 2 (General Type) ‘Aggravated Area' (one year or June to three years)

[Person under Special Leave]

Where the Criminal Code Act is organized, planned, or specialized (for example, the use of packaging, such as the book-printed processing site with false printing)

* The scope of final sentence due to the aggravation of multiple offenses: one year and six months to five years;

2. The scope of recommendations given to Defendant Extraordinary

Article 1 (Fraud)

[Scope of Recommendation Form]

General Fraud Type 2 (not less than KRW 100, less than KRW 500,00) basic area (one year to four years)

【Special Convicted Persons】

None

Article 2 (Food and Health)

[Scope of Recommendation Form]

Type 2 (General Type) ‘Aggravated Area' (one year or June to three years)

[Person under Special Leave]

Where the Criminal Code is organized, planned, or specialized;

* The scope of final sentence due to the aggravation of multiple offenses: 1 year and six months to five years from September.

3. Scope of recommendations against Defendant Kim 00, Lee 00

Article 1 (Fraud)

[Scope of Recommendation Form]

General Fraud> Type 2 (at least KRW 100, but less than KRW 500,00) basic area (at least one year to four years)

【Special Convicted Persons】

None

Article 2 (Food and Health)

[Scope of Recommendation Form]

False Marking Type 2 (General Type) basic area (from October to 2 years)

[Aggravated Punishment (Aggravation)]

In the case of participation in a crime in relation to an employment relationship or business instruction / Where the Criminal Code is organized, planned, or specialized;

* The scope of final sentence due to the aggravation of multiple offenses: one year to five years.

4. Determination of sentence against the Defendants

○ As seen earlier, each of the Defendants’ special mitigation (aggravating)

○ 00, Kim 00, Lee 00 agreed with all victims of the fraud, and 00 which agreed with the victims of the fraud, and 00 which agreed with the victims 00 and 00 which agreed smoothly.

○ However, it is almost impossible to confirm the mixed rice and domestically produced rice as the meat is distributed through Do and retail companies, which are victims of the instant case, and eventually, the final consumers would have a final damage. As long as the products provided for the instant crime do not recover themselves, it is difficult to recover material damage, and there is a difference between ordinary fraud and the fact that only part of the products of the instant Western reclaimed land were recovered (Reference Materials, Sept. 17, 2014).

○ Defendant 00 is aware of the current police status and is capable of criticism by leading the crime of this case.

Major point

The defendant OO used an opportunity to perform his occupation to take part in the crime of this case and have contributed to the resolution of this case by informing the crime of this case.

○ Defendants are in depth divided into crimes and have no record of exceeding the same kind of power or fine ( Defendants 1 and 200).

○ Other factors such as the Defendants’ age, character and conduct, family environment, background and decision leading to the instant crime, and circumstances before and after the instant crime, etc., shall be determined as ordered in consideration of the various sentencing conditions as shown in the records and arguments.

Judges Park Sang-ok

1) To the extent that the Defendants’ exercise of their right of defense was not substantially disadvantaged, proper revision was made.