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(영문) 서울북부지방법원 2014.07.17 2014고단904
농수산물의원산지표시에관한법률위반등
Text

Defendants shall be punished by imprisonment for one year.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

Defendant

A From May 2012, after mixing domestic rice and domestic rice in the warehouse of the Republic of Korea, the Republic of Korea from around South Korea, Nam-si, Namyang-si, the Republic of Korea, indicated the origin as a domestic product, and sold it. At that time, A conspired to falsely indicate the origin in the same manner as Defendant B, and sell it in the rice farm, etc.

1. No person who violates the Act on Origin Labeling of Agricultural and Fishery Products shall commit any false act or commit any act likely to cause any confusion as to the place of origin of agricultural and fishery products prescribed by Presidential Decree;

From the end of December 2012 to August 26, 2013, the Defendants mixed domestic and domestic rice in the foregoing warehouse at the rate of 6:4, 2013, and then re-packaged them into the package sheet of 20 kilograms, stating “F”, “G” and “B”, and made a false indication of origin at approximately KRW 140,00,00 in rice 3,637, the combined market price of which is approximately KRW 140,00,000, as seen above.

2. On December 28, 2012, the Defendants: (a) deceiving the victim as if the Defendant sold domestic rice at “J” rice farm operated by the victim I in Dobong-gu Seoul, Dobong-gu, Seoul; (b) received KRW 780,000 from the victim for the payment of 20 kilograms of rice at around that time; and (c) from then to August 26, 2013, the Defendants received KRW 126,496,000 in the same manner as indicated in the attached Table 1 and 2 from the victim 9 to the payment for domestic rice at KRW 3,317 in the same manner as indicated in the attached Table 1 and 2.

Summary of Evidence

1. Defendants’ legal statement

1. Each police suspect interrogation protocol of E, K, or L;

1. Each police statement made to L, M, I, N, andO;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Relevant Article on criminal facts, Articles 14 and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products, Article 347 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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