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(영문) 서울서부지방법원 2017.02.16 2016고단3809
농수산물의원산지표시에관한법률위반등
Text

Defendant

A Imprisonment with prison labor of one year and four months and fine of twenty million won, and Defendant B shall be punished by a fine of ten million won.

Reasons

Punishment of the crime

1. From May 2010, Defendant A operated the above company as the representative director of the industry chain B Co., Ltd. (hereinafter “B”), and has overall control over financial management, product production, and sales.

The Defendant obtained profits more than the profits expected when he manufactures and sells red ginseng concentration, etc. as its raw material; purchased Chinese ginseng concentration and red ginseng concentration; mixed the domestic ginseng concentration and domestic red ginseng concentration; manufactured a fake red ginseng (ginseng) product by mixing the red ginseng concentration with the local red ginseng concentration in order to contain the unique color of the ginseng and red ginseng product; and had the products manufactured a fake red ginseng by mixing the red ginseng concentration with the red ginseng concentration in order to contain the unique color of the ginseng and red ginseng product; and had the intent to sell the products by pretending to be “products made of the domestic red ginseng (ginseng) concentration or the 100% red ginseng concentration in Korea.”

(a) No person who violates the Act on Origin Labeling of Agricultural and Fishery Products shall make a false indication of origin or make an indication which may cause confusion as to such indication;

Nevertheless, the Defendant, from January 2012 to November 14, 2016, purchased the agricultural ginseng concentration from the importer of Chinese ginseng concentrate in the above factory B from the importer of Chinese ginseng concentrate in the above factory B; (1) manufactured three products, such as "I", "J", and "K", by mixing the domestic red ginseng concentration, and the Chinese ginseng concentration concentration with the ratio of 3:3:4, respectively; and (2) made products, such as "L" and "M," with the indication attached to the product, by falsely indicating the place of origin of the raw material in the indication attached to the product as "domestic," thereby selling KRW 2.15,469,00 won at the market price; and (2) made two products, such as "L" and "M," with the indication of origin attached to the product as "domestic, domestic," with the indication of origin attached to the product as "new, domestic," and with the indication of origin attached to the product as "domestic, domestic," respectively.

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