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(영문) 서울서부지방법원 2017.02.24 2016고단3787
농수산물의원산지표시에관한법률위반
Text

Defendant

A Imprisonment with prison labor of one year and eight months and fine of eight million won, Defendant B’s imprisonment with prison labor of one year and eight million won, and Defendant B.

Reasons

Punishment of the crime

1. Defendant B and Defendant A are a person who actually runs a stock company C (hereinafter “C”) established for the purpose of manufacturing functional health foods in the Hahbuk-gun, Chungcheongnam-gun, Chungcheongnam-gun, and Defendant B is a person who actually runs an agricultural company D (hereinafter “D”) established for the purpose of manufacturing functional health foods in the Hahbuk-gun, Chungcheongnam-gun, Chungcheongnam-gun.

No person shall make a false indication of origin, but Defendant A was aware of the origin from around 2014 to around 2016 in the Nam-gu Incheon Metropolitan City M apartment site in the vicinity of Defendant A’s residence.

After purchasing nine tons of the concentration of Chinese ginseng from N, Defendant B, a business partner, instructed Defendant D, who is operating Red Ginseng Manufacturing Enterprise D, to manufacture the concentration of “O” by mixing the concentration of Korean ginseng concentration and the tritrins, etc.

Accordingly, according to Defendant A’s instructions, from January 2014 to September 2016, Defendant A manufactured “O” equivalent to 23,683kgs by mixing with the concentration of domestic ginseng supplied through Defendant A and with the concentration of domestic red ginseng in low-point red ginseng (less there are no active ingredients, such as scarin labor and management iond) 87%, 8% trinsing detrinsent, 1% walian Nos. 1%, and 4% of refining.

In addition, Defendant B falsely indicated the origin and content of the raw materials in the product-related labeling of the above “O” to the effect that “90% of the red ginseng concentrate (in Korea)” was used. Defendant A supplied the above “O” directly to P or without any indication of the above “O” to C factory in a state designated by Defendant A, and Defendant A supplied the above “O” to P by indicating the origin and content of the raw materials in the labels attached to the product through Q Q, etc.

As a result, the Defendants conspired to indicate the origin of red ginseng products in Korea and sold a total of KRW 3,765,597,000 to P.

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