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(영문) 서울북부지방법원 2016.02.17 2015고단4356
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2015, the Defendant lodged an appeal to the Seoul Western District Court for a suspended sentence of six months on the grounds of a violation of the Food Sanitation Act, which was sentenced to a suspended sentence of two years, and is currently pending in the trial of the appellate court. A person who manufactures breabed Kim, etc. while operating the food manufacturing and processing business (ju) E in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, and sells it to the university shop, etc.

A person who sells or provides agricultural and fishery products or processed agricultural and fishery products after cooking them shall not prepare and sell agricultural products with the same agricultural products whose country of origin is labeled falsely or which may cause confusion with such products, mixed with the same agricultural products whose country of origin is different.

Nevertheless, the defendant from August 19, 2015 to the same year.

9. From October, 10, manufacturing 40 paper for Kim Jong-bak in the above (ju) E, mixed domestic rice with approximately 16.7% to 27.1%: from 83.3% to 66.7%; processed bed Kim Jong-bed, etc.; then, marked as “rice (domestic)” in the product labeling column, and sold approximately KRW 48,01,649, 649, by delivering it to 47 business partners, such as door stores, door stores, and underground reproduction stores at the G university’s living science university.

As a result, the Defendant, while selling Kim Han-sung et al., prepared and sold agricultural products with the indication of origin as “domestic products” mixed with the same agricultural products whose origin is “U.S.”.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (on-site verification of a manufacturing factory), a report on internal investigation (request for appraisal, such as supplied goods Kimbed, etc.), and a report on internal investigation (attached to a notice, etc. of the result of verification

1. Execution of a warrant of search and seizure - On-site photographs and investigation reports (execution of a warrant of search and seizure - refry disks already);

1. Protocols of seizure, list of seizure, investigation report (such as drawed Kim, etc. as seized), results of sale of seized articles;

1. Previous convictions in judgment: Application of a written reply to inquiries, such as criminal history (A), text of judgment (2015 order 2002) to statutes;

1. Article 15 of the Act on the Labeling of Marks of Agricultural and Fishery Products for Criminal Facts and the Selection of Punishment therefor;

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