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(영문) 전주지방법원 2014.08.12 2014고단489
농수산물의원산지표시에관한법률위반
Text

Defendant

A Imprisonment of one year and six months, and the defendant limited liability company B shall be punished by a fine of 30,000,000 won.

except that this shall not apply.

Reasons

Criminal facts

Defendant

A is a person engaged in food manufacturing business in the name of "B" in the name of "limited company B" in Jeonju-si, Jeonju-si, and Defendant B is a corporation established for the purpose of manufacturing and selling food.

1. From October 2010 to June 4, 2013, Defendant A purchased the six kinds of Korean medicinal herbss and 1,854 kilograms of imported medicinal herbss from business establishments, such as Gharma, etc., located in Haju-si, Jeonju-si, Gharma, etc. at KRW 17,255,40.

No one shall falsely indicate the place of origin of agricultural and fishery products or the processed products thereof, or make an indication that may cause confusion with it.

Nevertheless, from October 1, 2010 to June 13, 2013, the Defendant manufactured the raw materials of domestic and imported medicinal herbs purchased as above and stored them for the purpose of selling KRW 3,300,000 in total of the market price of KRW 1,30,00, by falsely indicating the origin of the medicinal herbs in the product package as a domestic product, and selling the 90,535 cams for cooking calcil in the product package at 13 business establishments, including “H restaurant,” etc.

Accordingly, the Defendant made a false indication of origin.

2. Defendant B, as the representative director A, made a false indication of origin regarding the Defendant’s business, as described in paragraph (1).

Summary of Evidence

1. Each legal statement made by the defendant A and the representative director B of the limited liability company;

1. A written statement of I and J;

1. Protocol of seizure, list and evidential materials attached thereto of the police;

1. A statement of detection, each transaction entity's tracking and investigation report, each report on the manufacture of items, each of the accompanying documents, each report on attachment of seized articles, the monetary records of the transaction entity, the financial report on the sales details of the items in violation of subparagraph 6 among seized articles, the final specific report on the purchase details of herb items, the report on the specific amount of violation, the report on the submission of the certified transcript of register, each investigation report, and all accompanying evidentiary materials

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