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(영문) 춘천지방법원 2012.11.08 2011고단1189
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

C is a person operating the “E” in Chuncheon-si D, and Defendant A is a director of the said “E”, who manufactures and sells molds.

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

Nevertheless, the Defendant, in collusion with C, committed a false labeling of the country of origin on August 5, 2010 to June 30, 201, by indicating the origin “(100% in Korea)” despite the fact that the Defendant, in collusion with C, made the powder in a manner of mixing the Chinese origin and the Vietnam War with a small quantity of Korean origin, thereby selling it by indicating the origin “34t, 40,906,000 won.”

Summary of Evidence

1. Each protocol of examination of the accused by the prosecution (including the C substitute part);

1. A criminal investigation report (request for verification of origin and notification of result, title 1 to 14 of the investigation records), a criminal investigation report (2nd report on the result of verification of collection of collection of the red paper powder, title 1 to 30 of the investigation records), a criminal investigation report (3rd report on the result of verification of collection of samples of the red paper powder, title 1 to 35 of the investigation records), a criminal investigation report (4th request for verification of origin and notification of result, title 1 to 69 of the investigation records), a criminal investigation report (5th demand for verification of origin and notification of result, title 1 to 203 of the investigation records), a criminal investigation report (5th demand for verification of origin and notification of result, title 1 to 203 of the investigation records), a criminal investigation report (6th of request for verification of origin of the red paper powder and notification of result

1. Investigation report (the confirmation of details of sales of molds, molds, and investigation records, No. 2, 397 pages);

1. A report on investigation (the confirmation of details of purchase and the page 525, No. 2, 525, of the investigation records);

1. Application of Acts and subordinate statutes to investigation reports (report on the review of criminal facts following the implementation of the Act on Origin Labeling of Agricultural and Fishery Products

1. Article 14 and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Article 30 of the Criminal Act concerning facts constituting an offense, and Articles 14 and 6 (1) 1 of the same Act concerning the selection of a sentence;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Probation and community service order;

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