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(영문) 서울서부지방법원 2014.04.02 2014고단44
농수산물의원산지표시에관한법률위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Act on the Labeling of Origin of Agricultural and Fishery Products shall place a false label of origin or place a label which may cause confusion as to the place of origin, and sell or store for the purpose of sale under a disguised label of origin;

Nevertheless, from February 1, 2013 to November 28, 2011 of the same year, the Defendant, at the “E” place of business operated by the Defendant from around February 1, 2013 to around November 28, 2013, sold approximately 133 tons of domestically produced rice and domestically produced rice in packaging materials mixed with the ratio of 5:5 to 8:2, with a false indication of origin on the part of the Seoul, Yeongdeungpo-gu, Yangcheon-gu, the Gwanak-gu, the Gwanak-gu, and the Seodaemun-gu, with a false indication of origin.

2. No grain processing operator or grain dealer who violates the Grain Management Act shall make any indication or advertisement that differs from the facts or might deceive, mislead, or confuse consumers with regard to the production year, etc. of grain;

Nevertheless, the Defendant from February 23, 2013 to the same year.

4. 23.경까지 전항의 ‘E’ 사업장에서 2009년산 구곡과 2013년산 햅쌀이 5:5의 비율로 혼합된 ‘작업쌀’ 22톤의 생산년도를 '2013년'이라고 거짓표시하여 서울 영등포구, 양천구, 관악구, 서대문구에 있는 불상의 마트에 판매하는 등 양곡의 생산연도를 사실과 다르게 표시하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the prosecution examination protocol concerning the F; and

1. Each statement of G and H;

1. Application of each evidence photograph and each Act and subordinate statute for reporting the investigation;

1. Relevant Article on criminal facts, and Articles 14 and 6 (1) 1 and 3 of the Act on Origin Labeling of Agricultural and Fishery Products, Article 34 subparagraph 4 of the Grain Management Act, and Article 20-3 (1) 1 of the same Act, and selection 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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