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(영문) 대전지방법원 홍성지원 2016.07.18 2016고단333
농수산물의원산지표시에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for one year, for a fine of 10,00,000 won, and for a defendant B, for four months, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who operates a H heading and sales chain in Boan City, G, and Defendant B is a person who operates a Y heading and sales chain in Boan City, and Defendant B is a person who operates the G heading processing business corporation in Boan-si, Boan-si.

1. Defendant A

(a) No person who violates the Act on Origin Labeling of Agricultural and Fishery Products shall sell such products in a disguised manner;

Nevertheless, from April 2014 to March 11, 2016, the Defendant manufactured approximately KRW 830,926 liter of rice on the consignment container using approximately 4,712 Posium (94,240 g) to expand the “import acid” in the foregoing H mass tank, and sold the consignment amounting to KRW 880,000,000 in total to agricultural cooperatives, etc. on the consignment container by falsely indicating the origin of rice on the consignment container as “domestic acid.”

Accordingly, the Defendant sold agricultural and fishery product processed products in disguised manner.

B. On March 11, 2016, the Defendant: (a) was suspected of falsely indicating the origin of rice, which is the primary raw material of the depositism; (b) was investigated from the National Agricultural Products Quality Institute Assistance to Chungcheongnam Nam; and (c) was able to reduce the quantity of the violation by manipulating the transaction specification table.

At around 17:00 on the same day, the Defendant called to B, the representative of JJ, a trade company, and was subject to control from the Agricultural Product Quality Manager.

After the investigation, the violation amount was stated as 240 gals of the expansion of the import acid. Accordingly, the author asked B to make a false statement of transaction by requesting B to be "to prepare a statement of transaction in conformity with it."

After all, B, upon the Defendant’s request, around March 12, 2016, prepared eight copies of the false statement of transaction at the J office of the above J Co., Ltd., as described in paragraph 2, and delivered to the Defendant.

Accordingly, the Defendant caused B to create false evidence as above so that the Defendant instigated the forgery of evidence related to the criminal case of the Defendant.

2. Defendant B, the trading company, was the representative of H Yangyang, A.

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