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(영문) 인천지방법원 2018.11.29 2018고단6872
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No one shall place a false mark of origin or place a mark likely to cause confusion with the country of origin, sell agricultural and fishery products or the processed products thereof using a disguised country of origin, sell agricultural and fishery products or other agricultural and fishery products or the processed products thereof mixed with the country of origin, or store or display such products for sale.

Nevertheless, while operating the static point of the trade name “D” in Incheon Bupyeong-gu C and 101 from September 1, 2017 to August 17, 2018, the Defendant purchased 12,805 kilograms and 4,624 km of foreign pigs from Embryms in Ansan-si, Sinsan-si, Sinsan-si, Sinsan-si, and the Defendant purchased 12,805 km of foreign pigs and 4,624 km of foreign pigs, from September 1, 2017 to August 22, 2018, purchased the country of origin at the upper part of the display site of the above static-gu, Incheon, stating that “the country of origin overlaps with clean pigs production in Gangwon-do, the country of origin of the said 78,609, 1709, 1300 g and 135 g of foreign customers, thereby making it false for foreign customers to see the country’s origin of origin.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of origin violation in preparation of E;

1. Investigation report (the details of murdering and purchase of scams committed overseas);

1. To arrange the 12th director of the Customer, the quantity purchased, the normal quantity, and the quantities in violation;

1. Application of Chapter 8 Acts and subordinate statutes to the scene of violation;

1. Relevant provisions of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 14(1) and 6(1)1 (including the false indication of origin), Articles 14(1) and 6(1)3 (including the false indication of origin) of the Act on Origin Labeling of Agricultural and Fishery Products, and each of the imprisonment and fines concurrently;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1.Article 62(1) of the Criminal Act of the suspended execution.

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