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(영문) 대구지방법원 서부지원 2020.05.07 2020고단715
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by imprisonment for one year and a fine of twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a meat sales business establishment called “D” in Daegu-gu B and C.

No person shall make a false indication of origin or sell goods in disguised manner of origin.

Nevertheless, from May 29, 2015 to January 9, 2020, the Defendant sold to unspecified customers KRW 6,028.95k, totaling KRW 242,039,875 on seven parts, such as Canada, Mexico, and Australia, in a manner that: (a) the Defendant indicated the country of origin in the display stand only to Korea; and (b) attached labels indicating the country of origin to customers who are suffering from the country of origin; or (c) attached labels indicating the country of origin to the packaging; and (d) sold them by disguiseding the country of origin to many unspecified customers, including Canada, Mexico, etc. in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of E;

1. Statement of each police statement related to F and G;

1. E statements;

1. Police seizure records;

1. Application of CD-related Acts and subordinate statutes, such as on-site recording CDs, sample purchasing pictures, sample testing requests, issuance of notices of results of verification of origin, printed materials of beef history systems, specifications of transaction, customer ledger, business registration certificate, copies of domestic livestock products, details of purchase of domestic livestock products, details of purchase of foreign livestock products, output of sales books, x-cellc products, copies of transaction details, purchase and sale of foreign livestock products, purchase and sale of foreign livestock products, quantity of violation of country of origin labeling and calculation of the amount of violation, quantity of violation of the kinds of meat, calculation of

1. Relevant Articles 14 and 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishment for Criminal Facts, and both imprisonment and fine;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: Imprisonment with prison labor for a period from one month to seven years;

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