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(영문) 수원지방법원 안산지원 2014.04.30 2014고단495
농수산물의원산지표시에관한법률위반
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

A person who cooks and sells agricultural and fishery products or the processed products thereof shall not indicate the country of origin fraudulently.

The Defendant is a person who cooked and sells agricultural and fishery products. From July 12, 2013 to January 15, 2014, the Defendant indicated the place of origin as “C” restaurants operated by the Defendant, 482.02km of “U.S. Beef”, and sold 23,060,586 won at 23,00,000,000,000 won, and indicated the place of origin as “U.S. Beef,” and indicated the place of origin as “Korea-U.S. Beef,” and sold 743.17 km of “Franc acid” and “S. P. S. P. pigs” as “Korea-U.P. 84,00,000,000 won, and indicated the place of origin as “Korea-U.S. and Canada-U.P. 124,497,328 won.”

Accordingly, the defendant prepared and sold agricultural and fishery products, and falsely marked the country of origin.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Relevant Articles 15 and 6 (2) 1 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products, the selection of applicable laws to facts constituting an offense and punishment, and the type of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (Considering the following reasons for suspension of execution);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is a case where the Defendant, while operating a restaurant, with a false indication of origin, such as height, etc., was sold, and the amount of height, etc. sold with a false indication, is high.

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