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(영문) 창원지방법원 2014.07.15 2014고단988
농수산물의원산지표시에관한법률위반
Text

1. The defendant shall be punished by imprisonment for six months and a fine of five thousand won; and

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

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

Nevertheless, on September 2013, the Defendant, while serving as a factory site of the company located in Kimcheon-si, Kimcheon-si, purchased 1,000 kg (6,500 g 1kg to 6,500 g 1,00 g) domestically in Korea in the Daegu-si market, and sold 100 g g g 1,500 g g 1,500 to the E food located in the Busan-gun-si and G food located in Kimhae-si, by mixing 100 g g 5,00 g g g 1,500 g g g 11,50 g g g 11,500 g g g g g g g g g g g g g g g g g g g g g g g

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of testing samples and the application of Acts and subordinate statutes on molds bags;

1. Relevant Articles 14 and 6 (1) 1 of the Act on the Labeling of Origin of Agricultural and Fishery Products which are applicable to the facts constituting the crime and Articles 14 and 6 (1) 1 of the same Act (the punishment shall be

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant trades the country of origin falsely, and the amount of red paper powder does not have a large amount, thereby damaging the transaction order of food and the consumer's trust, and thus, the criminal liability is not easy.

However, considering favorable circumstances, such as the fact that the defendant has mistakenly recognized and reflected the defendant's mistake, the fact that there is no criminal record exceeding the fine, etc., the punishment shall be determined as ordered in consideration of the motive and background of the crime in this case, the profits acquired by the crime, the character, conduct and environment of the defendant, etc.

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