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(영문) 인천지방법원 2017.11.23 2017고단7564
농수산물의원산지표시에관한법률위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually operates the “E” in Gwanak-gu in Seoul Special Metropolitan City.

No one shall sell agricultural and fishery products or the processed products thereof labeled as the country of origin disguised, sell such products mixed with other agricultural and fishery products or the processed products thereof, or store or display such products for sale.

Nevertheless, from March 9, 2016 to January 23, 2017, the Defendant: (a) purchased Mexico swine fever; (b) purchased Mexico pigs; (c) sold 732.9 km; (d) 1,203.85 km for Mexico pigs; (c) sold 64 km for 6 U.S. customers of 7.4 km; and (d) sold 6 7.4 km for Mexico; and (d) sold 6 7.4 km for Mexico; and (e) sold 64 km for Mexico; and (e) sold 4 7.8 km for Mexico; and (e) sold 1,203.8 g. 24 km for Mexico; and (e) sold 1,936.75 km for 31,956 km; and (e) sold 16.3 71,271.27.21.7

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the details of transactions and one copy of the on-site evidence photograph;

1. Each report on investigation;

1. One set of the table of the details of purchase of non-compliant items (suication, dubation) raw materials;

1. One copy of the detailed details of purchase of E raw materials and one director of E Customer;

1. Application of one copy of e-mail closure photograph and one copy of meat transaction account book;

1. Relevant Article 14 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 14 and 6(1)1 of the former Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016); and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is 1.

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