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(영문) 서울서부지방법원 2017.03.03 2016고단3824
농수산물의원산지표시에관한법률위반등
Text

Defendant

A Imprisonment with labor of one year and four months and fine of 80 million won, and Defendant B Co., Ltd. shall be punished by a fine of 8 million won.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant violated the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter “B”) is the representative director of the functional health foods manufacturing company B (hereinafter “B”) established for the purpose of manufacturing, wholesale, etc. ginseng and ginseng products located in Chuncheon-si.

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

Nevertheless, from January 2013 to October 2016, the Defendant purchased the agricultural ginseng concentration and spores from the former I and J, etc., the business partner H, etc., and manufactured approximately 12,203 km of “K” products by mixing the agricultural ginseng concentration, domestic red ginseng concentration, and spores with approximately 3:5:2,00,00 won. The Defendant indicated the origin of raw materials in the indicated items attached to the product as domestically and sold KRW 1.65 million to L, etc., which is the business partner, with the origin of the raw materials indicated in the indicated items attached to the product.

(b) No person who violates the Health Functional Foods Act shall make any indication or advertisement different from the facts or exaggerated about the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, tracking and management of history of health functional foods, and other relevant matters;

Nevertheless, Defendant 1, at the time and place indicated in the above paragraph 1-A, made a false representation of the content of the raw materials in the labels attached to the above product, stating that “The content of the raw materials is 100% for red ginseng (four years old)” and put a different indication as to the raw materials, quality, etc. of health functional foods.

(c)

No trader or distributor of trade, goods, etc. in violation of foreign trade law shall make a false indication of origin.

Nevertheless, the Defendant, from Jan. 2012 to Oct. 2016, 2016, is located in the B factory location from Dec. 201 to his business partner H, etc. in China.

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