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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant is a person who operates a seeds with the trade name "D" in Gangnam-gu Seoul Metropolitan Government.
No person shall make a false indication of the place of origin of agricultural products or make a false indication of the place of origin that may cause confusion, or sell agricultural products in disguised manner.
Nevertheless, on May 201, 201, the Defendant attached a label indicating the origin in a false manner to “F” restaurant located in Gangnam-gu Seoul Metropolitan Government, even though it was manufactured by using the 100% domestic dry straws of China, as if it were the red straws of Chinese origin mixed with the red straws of Chinese origin and Chinese 85%, and sold it to “F” restaurant in Gangnam-gu, Seoul.
From that time to May 2013, the Defendant indicated the origin of the molds powder at 39 business establishments in Seoul Special Metropolitan City, as described in the list of crimes in the attached Form, and sold a total of KRW 281,90,000,000, when the origin was falsely indicated.
As a result, the Defendant falsely indicated the origin of agricultural products, and sold a disguised agricultural product.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Application of the payment dates table, copies of trade account books, and labeling statutes;
1. Articles 14, 6 (1) 1 and 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (see, e.g., first offense and violation of depth);
1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;