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(영문) 서울중앙지방법원 2014.09.18 2014고단3281 (1)
대외무역법위반
Text

A defendant shall be punished by imprisonment for six 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

No trader or distributor of goods, etc. shall make a false or misleading indication of origin.

From October 25, 2012 to January 9, 2013, the Defendant: (a) in collusion with the Defendant B, C, D, E, F, G, H, Nonindicted Party I, J, and K, the Defendant purchased middle-sea rice from “M”, etc. located in the L market; and (b) the Defendant G and H transport the said rice to the Defendant’s store located in Seocheon-gu, Busan; (c) the Defendant, the Defendant D, E, and F sold the said rice to the general wholesale retail company via K, and the Defendant G and H sold the said rice to the general wholesale company via K with the country of origin indicated in a false manner of transporting the said re-packaged rice from the said warehouse to the seller; and (d) during the sale and distribution of the said rice, the Defendant G and H expressed the origin of the Republic of Korea in total 852,200 kilograms.

Summary of Evidence

1. Each legal statement of the accused and the accused;

1. One protocol concerning the examination of suspect by the public prosecutor against the above-mentioned defendants B or C, and protocol concerning the examination of suspect by the police against the accused and the above-mentioned defendants;

1. Statement of the prosecution concerning K;

1. Investigation record of each police search and investigation record of the police;

1. Notification of results of verification of origin of rice, details of accounts, data on each transaction, notification of results of sample appraisal, reply data, statement of transaction, sales status by item (P), and application of statutes to Chinese rice quantity used for committing the Korea Agriculture and Food Trade Corporation;

1. Article 53-2 Subparagraph 1 of the former Foreign Trade Act (Amended by Act No. 11958, Jul. 30, 2013); Article 30 of the Criminal Act concerning criminal facts

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a mixture of domestic rice and domestic rice, or a mixture of Chinese rice, which is mixed with domestic rice, and sells them by falsely marking the country of origin as if they were purely domestic rice. The right choice of consumers regarding the food is granted.

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