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(영문) 서울북부지방법원 2017.05.31 2017고정689
임업및산촌진흥촉진에관한법률위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant sells various agricultural products and forest products through Internet shopping mall.

1. When a seller intends to distribute or sell cocks, which are special agricultural products violating the Forestry and Mountain Villages Development Promotion Act, to the extent that the consumers can easily recognize the result of the quality inspection;

The Defendant, from May 7, 2016 to August 10, 2016, sold the mountain b in the trade name of B through Internet shopping mall, and did not indicate the quality inspection result on the mountain b, which is a special management forest product.

2. No person who violates the Act on Origin Labeling of Agricultural and Fishery Products shall place any false or misleading labelling of the place of origin of agricultural and fishery products;

On May 7, 2016, from around August 10, 2016 to around August 10, 2016, the Defendant sold a mutual mountain in B’s trade name via Internet shopping mall, and indicated the origin as if it were a domestic mountain in Korea, cultivated from Seosan in Gangwon-do.

Accordingly, the Defendant falsely marked the origin of agricultural and fishery products.

Summary of Evidence

1. Statement by the defendant in court;

1. B Stop printing screen pictures;

1. The report on the result of the solar appraisal; and

1. Application of Acts and subordinate statutes concerning the details of sales of crymal forest products;

1. Article 32 subparagraph 4 of the relevant Act on the Promotion of Forestry and Mountain Villages Development Act and Article 18-6 (2) (the point of non-labeling as a result of the quality inspection) of the Act on the Promotion of Agricultural and Fishery Products, Articles 14 and 6 (1) of the Act on the Labeling of Origin of Agricultural and Fishery Products (the point of false indication of origin) concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

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

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

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