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(영문) 대구지방법원 의성지원 2017.02.16 2016고단274
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall sell agricultural products in disguised manner.

Nevertheless, from January 4, 2016 to November 25, 2016, the Defendant purchased saf and 15,470 boxes (the total market value of KRW 10km per box, KRW 448,168,90) from the D warehouse located in Ansan-si, Dong-si, Dong-si, Dong-si, and Dong-dong, and sold 24,828 boxes (the total amount of KRW 246 tons, KRW 346,928,644) to seven administrative agencies and business entities across the country, including E, in a private box marked as “Seoul-si, Gyeong-si, and mountainous district: Gyeong-si,” and sold 24,828 boxes (the total amount of KRW 246 tons, KRW 346,928,644).

Accordingly, the Defendant sold agricultural products by disguised origin.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports (on-site photographs taken to take photographs of control over the scene);

1. Application of Acts and subordinate statutes to a criminal investigation report (the current status of each suspect's death and shipment, delivery company, etc.; current status of sales each person during transactions with suspects and suppliers; performance of the company and delivery company; and the shooting of company and packing materials);

1. Article 14 and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural Products (generally, selection of fines) concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of selling the real place of origin of agricultural products with reasons for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment due to the act of impairing the sound distribution order of food and impairing the consumer's trust. The amount sold through a disguised country of origin reaches KRW 347 million at the market price. The fact that the instant crime was committed over a considerable period is disadvantageous to the Defendant.

However, considering the fact that the defendant recognized his mistake and reflects, the difference between the intention of the Cheongong and the Gyeongbuk-do one, and the fact that the defendant does not have the same criminal record, the defendant does not have the same criminal record, and other circumstances, such as the defendant's age, sex, intelligence and environment, motive, means and result of the crime, the circumstances after the crime, etc., as stated in the records, are considered as the order.

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