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(영문) 서울서부지방법원 2016.10.27 2016고단2382
농수산물의원산지표시에관한법률위반
Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 17, 2012, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court on February 10, 2013 and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on February 10, 2013.

【Criminal Facts】

No person shall make a false indication of origin or make a false indication of origin likely to be confused therewith, or sell it in disguised manner.

Nevertheless, in collusion with C, D, E, F, etc., the Defendant gathered that “work rice” mixed with domestic and domestic rice in the proportion of approximately 9:1 is to be sold in the city as if it were domestically produced rice in the packing materials marked as domestic products. Specifically, the Defendant: (a) the Defendant managed the body to manufacture “work rice; (b) C colors the place where the crime was committed; and (c) sells “work rice” in the city; (b) D, by raising funds to commit the crime; and (c) E, takes the role of managing the place where the crime was committed; and (d) having the responsibility for mixing domestic and domestic rice if it is discovered to the investigation agency while transporting “work rice,” and (e) having the responsibility for managing the place where the crime was committed.

Accordingly, the Defendant, in collusion with C, D, E, F, etc. on July 2013, in order to establish a “H” business establishment by leasing a warehouse located in G in the Namyang-si, Gyeonggi-do, and then, the Defendant, in order to avoid the crackdown, made a separate place of “work rice” and made a separate “work rice” by leasing an I warehouse located in the same city and employing the figures, thereby re-transfer it to the “H” warehouse.

Pursuant to the intent and role sharing as above, the Defendant conspired with C, D, E, F, etc., and the same year from August 8, 2013.

9. By August 9, 200, a daily name “work rice” mixtureed with approximately KRW 9:1 of Korean rice and domestically produced rice in a warehouse and warehouse located in the above G materials, and manufactured approximately 337 tons of “work rice” in a packing material marked with domestic acid.

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