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(영문) 서울서부지방법원 2017.01.13 2016고단3412
농수산물의원산지표시에관한법률위반
Text

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

However, the execution of the above sentence 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 who operates a mutual meat sales business in Geumcheon-gu Seoul Metropolitan Government (E).

No person shall sell goods in disguised manner with the country of origin without indicating the country of origin of a foreign country.

Nevertheless, from January 1, 2015 to May 25, 2016, the Defendant received orders from the above E’s workplace, from the representative G of the restaurant “F,” the Defendant purchased imported meat sellers, such as the United States, the Netherlands, and Germany, from the imported meat sellers, and cut off the purchase of gold batteries and wood batteries, such as the United States, the Netherlands, and the German acid, and then sold them without any indication on the plastic paper. As such, the Defendant, as if he sold domestic currency and wood batteries by means of disguised entry in the trading specification “domestic acid” in the place of origin, 19,468 kilograms (or equivalent to KRW 12,550,00,000 at the market price), and KRW 10,488,4887,692,979,700,000,000 won at the market price equivalent to the aggregate of the market price of KRW 66,796,70,000,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (including lists 1, 9, 12, 15, and 30 of evidence, and each accompanying document);

1. Relevant Article 14 and Article 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Imprisonment with prison labor for criminal facts;

1. Reasons for the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] - There is no person having no special sentencing [10 to 2 years] / [the sentence] / The sentence shall be imposed in consideration of the circumstances below, the defendant’s age, sexual behavior, environment, circumstances after committing the crime, etc. - The advanced reflect [the amount of 600 km (or 2940,000 km in the freezing warehouse without the origin of origin) contributed to the social welfare organization and the amount of 50,000 won per month from July 2016 to the above social welfare center] - The illegally acquired benefit amount is limited to 7 million won, and the F cafeteria and cash 15 million won shall be paid to the goods sales amount.

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