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(영문) 인천지방법원 2016.07.15 2016고단2605
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in the import, wholesale and retail business of agricultural products with the trade name of “D” in the Nam-gu Incheon Metropolitan City, and the Defendant E and F are operating “H” and “I” in the building in the Nam-gu Incheon Metropolitan City, Nam-gu, and are attempting to operate the Defendant’s agricultural products import, wholesale and retail business.

No person shall store or display agricultural products for the purpose of sale under the disguised country of origin.

Nevertheless, the Defendant, along with E and F, opened the packaging of India and Edidiopia acid monak, put the shoulder on the packaging and then conspired to sell it by marking it with a false marking in the middle country.

As discussed in E and F, the Defendant opened G building from March 10, 2015 to July 28, 2015, up to the 67,900 g of India and Eddpic ambi (2,263 Mags/30 g) in the package, put the shoulder in a new package, and put the shoulder in a new box, and then put the shoulder indicating the origin of which was falsely marked in the Republic of Korea in the way of “bandg” in Seoul, Daegu, Daegu, North, and Gyeongnam-do, Seoul, where the origin is located, and sold to six agricultural wholesalers in the above G building; around September 11, 2015, the Defendant sold the shoulder, indicating the origin of which was falsely marked in the storage of the above G building, to 30 g and 40 g g g g g g g , Seoul, Daegu, North, and Seoul, with the aim of selling it by means of domestic storage.

Accordingly, the Defendant, in collusion with E and F, falsely marked the country of origin for agricultural products, and kept the shoulder with a false indication of the country of origin for the purpose of sale.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against K, L, M, or N;

1. A written statement of theO;

1. Application of customs clearance data, D video major pages, DNA shoulder photographs showing origin, examination photographs, evidence photographs, and Acts and subordinate statutes verifying quantities at the time of search and seizure;

1. Article 14 and Article 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products and Article 6 (1) 3 of the Criminal Act concerning criminal facts, and the Criminal Act.

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