A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 29, 2016, the Defendant received a summary order of KRW 3 million on May 17, 2016, due to a violation of the Act on Origin Labeling of Agricultural and Fishery Products, and issued a summary order of KRW 3 million.

The Defendant is a person who runs the business of company and wholesale and retail in the name of “C agricultural company” in the Cheongbuk-gun B.

No person shall sell goods in a disguised manner of origin.

Nevertheless, on September 16, 2020 to 17, the Defendant sold 3.5 tons (10km, 354 boxes) on consignment by farmers located in the Chungcheongnam-gun, Chungcheongnam-do and D cooperative joint markets located in Ulsan-gu from September 17, 2020 to 18, 2020 to 3.5 tons (10km, 354 boxes).

As a result, the Defendant was sentenced to a crime under Article 14(1) of the Act on Origin Labeling of Agricultural and Fishery Products and again violated Article 6(1) of the same Act within five years after the sentence became final and conclusive.

Summary of Evidence

1. Application of the defendant's legal statement E-written evidence of violation of origin, investigation report (transaction details at the D Joint Market Office), and application of the law of evidence verification photographs;

1. Relevant Article 14 (2) and (1) and Article 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishment for Criminal Facts (generally, the selection of imprisonment with prison labor);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentencing factors indicated in the arguments of the instant case, including the Defendant’s age, environment, sex, motive for committing a crime, means and consequence of a crime, etc., shall be determined by comprehensively taking account of the following circumstances, and the sentencing factors indicated in the arguments of the instant case.

Unfavorable circumstances: The Defendant sold a deadly and approximately 3.5 tons of the country of origin disguisedly, and such an act requires strict punishment as it disturbs the distribution order of agricultural and fishery products, and the Defendant committed the instant crime even though he had the record of being fined once due to the same act.

A favorable condition: