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(영문) 부산지방법원 2013.11.14 2013고단5350
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From 1995 to 1995, the Defendant is a person who operates a kimchi processing plant with the trade name "D" in Busan Jin-gu C.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, on February 16, 2011, the Defendant processed and produced a variety of 8 kinds of kimchi in D Kimchi factory located in Busan-gu, Busan-gu, as a result of the combination of Korean red powder powder in the proportion of 7 to 3, and the production of the above kimchi by using red powder powder in Korean red powder powder in the proportion of 7 to 5,200 won, the Defendant falsely indicated 88 kilograms of kimchi in the indication column of "raw materials and content" in packaging paper as if he used only domestic red powder powder in the same day, and supplied the above 36,09,858,585,585,585,58,580 won in total, as shown in the annexed list of crimes from March 19, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Each police suspect examination protocol of G, H, I, and G;

1. Each police statement on I, H, F, A, J, K, L, M, and N;

1. Each internal investigation report and investigation report (the evidence list Nos. 5, 6, 14 through 18, 23, 24, 28, 30, 38, 39, 33, 34, 56, and 58);

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Operation of kimchi's manufacturing cost and competition in the same industry as the breadth, etc., by the defendant in the reason of sentencing of imprisonment with labor, such as the distribution, trends, etc., by Article 15 and Article 6 (2) 1 of the Act on the Labeling of Origin of Agricultural and Fishery Products relating to the facts constituting an offense, Article 6 (2) 1 of the

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