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(영문) 서울서부지방법원 2017.03.03 2016고단3917
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates “D” established for the purpose of manufacturing food in Ischeon-si C.

No person shall sell the country of origin falsely or disguisedly.

Nevertheless, from January 2015 to September 2016, the Defendant was in the vicinity of the foregoing D factory and was aware of it.

E purchased at least two tons of the concentration of Chinese ginseng in China from E, followed by mixing the concentration of Chinese ginseng in China and the concentration of Chinese red ginseng in Korea with approximately approximately approximately 2:1,010k, and manufacturing approximately approximately KRW 3,011k of the "Crain red ginseng in Korea", and the "Crain ginseng concentration". After indicating the origin and content of the raw material with the indication attached to each product "red red ginseng concentration (domestic acid)" or "gin concentration of ginseng concentration (domestic acid)", the origin and content of the raw material were falsely known to the effect that the indication attached to each product is "red red ginseng concentration (domestic acid) or ginseng concentration."

F sold in KRW 690 kilograms 69,000,000, “The Hong Ginseng Co., Ltd. considered” to F, and sold in KRW 1,240km 1,240km 1,240,000,000 to G, a manufacturer of red ginseng products, and sold in KRW 142,50,00,00 “The Red Ginseng Co., Ltd.” and KRW 711km 158,191,00,00 of “The Red Ginseng Co., Ltd.” and “The Republic of Korea,” respectively, to H, a manufacturer of red ginseng products, and provided a certificate of origin indicated as “the Republic of Korea.”

As a result, the Defendant falsely marked the origin of red ginseng concentrate or ginseng concentrate equivalent to the total of 3,071km amounting to 369,691,000 won, and kept red ginseng concentrate (red red ginseng concentrate) in consideration of the amount of 650km for the purpose of selling or disguisedly selling by falsely marking the origin.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (including a list of evidence 1, 20, 23, 27, 35, 53, 59, 60, 61 and each accompanying document);

1. Application of Acts and subordinate statutes to the sales ledger, a copy of the purchase ledger, and a certificate of origin;

1. Article 14 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6(1)1 (a) of the Act on Origin Labeling of Agricultural and Fishery Products and Article 14 of the Act on Origin Labeling of Agricultural and Fishery Products and Article 14 of the Act on Origin Labeling of Agricultural and Fishery Products;

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