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(영문) 서울서부지방법원 2014.05.30 2013고단3377
농수산물의원산지표시에관한법률위반
Text

Defendant

A Imprisonment of two years and fine of twenty million won, Defendant B’s imprisonment with prison labor of ten months, Defendant D’s imprisonment with prison labor of one year and fine.

Reasons

Punishment of the crime

1. Defendant D of the Criminal Power is a person who was sentenced to imprisonment with prison labor at the Seoul Central District Court on August 17, 2012 in the Seoul Central District Court for fraud, etc. on April 23, 2013, and the execution of the sentence is completed at the Sungsung Vocational Training Correctional Institution.

2. No person who commits a crime shall make a false indication of origin or make an indication of origin likely to be confused therewith, or sell them through a disguised representation of origin;

A. The Defendants’ co-principal conspiracyd to sell one-time rice mixed with domestically produced rice in the proportion of 8:2 as if it were domestically produced rice in the packing materials marked as domestic products, and in detail, Defendant A intended to take the role of coloring the place of crime and selling “work rice” during the time of the crime, Defendant D provided funds for the crime and prepared human resources for mixing domestically produced rice and domestically produced rice, Defendant B intended to assume all responsibilities when it is discovered to an investigation agency while transporting “work rice,” and Defendant C intended to take the role of managing the place of crime.

Accordingly, around July 2013, the Defendants: (a) opened a business site of “N” by leasing a warehouse in Namyang-si, Namyang-si; and (b) set up a separate place in order to avoid control; and (c) leased a warehouse in the O in the Tyang-si, Namyang-si, the Defendants agreed to re-transfer the warehouse to the said N to the said N and sell it again.

According to the division of the motive and role of the crime, the Defendants sold approximately 525 tons of domestically produced rice and domestically produced rice to the packaging materials marked as domestic products, from August 2013 to October 2010 of the same year, to the warehouse operated by the Defendants in Tyang-si, and from the warehouse located in the O in Tyang-si, Namyang-si, Nam-si, the Namyang-si, the Defendants sold them during the market.

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