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(영문) 서울서부지방법원 2017.02.03 2016고단3154
농수산물의원산지표시에관한법률위반
Text

Defendant

A shall be punished by imprisonment with labor for one year and by a fine of ten million won, and Defendant B shall be punished by a fine of ten million won.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a “stock company B” for the purpose of wholesale business among agricultural products in Songpa-gu Seoul Metropolitan Government and D market.

No one shall place a false mark of origin or make an indication likely to cause confusion as such.

Nevertheless, the Defendant used that the increase in the prices of domestic products and the increase in the number of small and medium Korean motor vehicles are not distinguished from the number of small and medium Korean motor vehicles, with the intention of selling large quantities of small and medium Korean motor vehicles in 20 kms to change their country of origin to domestic products.

From April 1, 2016 to May 24, 2016, the Defendant purchased 23,800 g a small and medium Korean motor vehicle number (20 km) at the same workplace, and sold 45,407 gg (or 48,630,000 g a small and medium Korean motor vehicle number) by purchasing 23,800 g a small and medium Korean motor vehicle number: 7:3 (Domestic Products) of the facts charged are indicated as "1:1" but it is obvious that the domestic product ratio is a clerical error, which is recognized ex officio. In combination with the ratio of the origin, the Defendant made a false statement of the origin by dividing it into the small packaging of 200 g, 300 g a small and medium Korean motor vehicle number and the small and medium Korean motor vehicle number among the small and medium Korean motor vehicles.

2. Defendant B, like the above “1”, indicated that Defendant A, who is the actual operator of the Defendant, made a false indication of origin or made an indication that may cause confusion as to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. An investigation report (a request for verification of the origin of a motor vehicle on the one hand, results thereof), an investigation report (a specific report on the sale of a motor vehicle on the one hand with a false country of origin), and an investigation report (a specific report on the sale of a motor vehicle on the other hand with a false country of origin

1. Application of statutes on examination of evidence at places of origin violations;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 14 and 6. of the Act on Origin Labeling of Agricultural and Fishery Products

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