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(영문) 대구지방법원 2014.01.08 2013고정2282
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who engages in grain packaging and retail business under the trade name of Daegu Dong-gu C.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

On June 4, 2012, the Defendant recognized that the Defendant purchased 59,000 g of rice imported for rice bed rice with China in the Agricultural Products Distribution Corporation, etc., and that the Defendant purchased 2,950 g of rice for 2,950 g. As such, it is clear that the “29,000 g” as stated in the indictment is a clerical error in the calculation of the “59,00

(20kg x 2,950 g) purchased 25,060 to 31,50 g (168 g) per package, and then, sold 3,360 g (168 g) over 11 times in total to the F located in Daegu East-gu E, Daegu, by mixing domestic rice with those of the Republic of Korea. The country of origin was marked with a false domestic rice, and sold 3,360 g (168 g) over 11 times from June 12, 2012 to September 3, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Results of origin verification;

1. Rice photographs;

1. Details of white paper sales;

1. Application of Acts and subordinate statutes of the trading president;

1. Relevant Articles 14 and 6 (1) of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishments;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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