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(영문) 수원지방법원 2012.12.21 2012고정2660
농수산물의원산지표시에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who engages in the wholesale and retail business of grain with his/her trade name.

No one shall sell agricultural and fishery products or the processed products thereof with the country of origin disguised, sell such products mixed with other agricultural and fishery products or the processed products thereof, or store or display such products for sale.

In addition, grain processing operators or grain dealers shall not make any indication or advertisement different from facts or exaggerated with regard to the production year, quality, etc. of grain.

Nevertheless, on March 27, 2012, the Defendant purchased 188 gg of domestic rice in Seocho-gu Seoul, for KRW 18,800 per 1 package. On March 30, 2012, the Defendant placed a false indication of the origin of rice in a package of packing materials, mixed with 90% of domestic rice in Korea and 10% of domestic glutinous rice in the production year, and stored in order to sell KRW 50 glutinous 1,425,00 in total at 20 glutinous 1,50 per 20 g.

In addition, the production year of 50 Korean rice in 2010 for the above period was falsely marked in 2011.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to documentary evidence photographs, copy of business registration certificate, copy of goods supply contract, warehouse lease contract, and copy of detailed statement of transactions;

1. Relevant Article on criminal facts, and Articles 14 and 6 (1) 3 (Article 14 and Article 6 (1) 3 (Article 6 (1) of the Act on Origin Labeling of Agricultural and Fishery Products and Article 34 and Article 20-3 (1) (Article 20-3 (1) of the Grain Management Act (Article 14 and Selection of Fines)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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