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(영문) 서울중앙지방법원 2018.07.26 2018고단3653
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for ten months and a fine of ten thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual static point of “C” in Guro-gu Seoul Metropolitan Government.

No one shall sell agricultural and fishery products or the processed products thereof labeled as the country of origin disguised, sell such products mixed with other agricultural and fishery products or the processed products thereof, or store or display such products for sale.

Nevertheless, from January 13, 2017 to February 14, 2018, the Defendant purchased imported beef from D, etc., such as Netherlands C, etc., swine batteries, U.S., al., and displayed the display stand of the above static meat as if customers deal with domestic cattle and pigs, and upon orders of domestic acid, sold 1,39km (16,000 won), 349 kilograms (3,64,500 won), 307, 407, 407, 507, 167, 407, 167, 40, 507, 167, 40, 167, 205, 167, 205, 307, 407, 507, 167, 507, 405, 167, 507, 507, 1407, 157, etc.).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (the result of search) and investigation report (the contents of seized articles)

1. A detailed statement of transactions and the president of each customer;

1. Application of Acts and subordinate statutes to each advertising paper photograph;

1. Relevant Article 14 (1) and Article 6 (1) 3 (Concurrent Imposition of Imprisonment with prison labor and a fine) of the Act on Origin Labeling of Agricultural and Fishery Products for the facts constituting an offense and the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act on the suspension of execution (with respect to imprisonment);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is agricultural and fishery products for the order of provisional payment.

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