Text
Defendant
A shall be punished by imprisonment with prison labor for eight months, by a fine of five thousand won,00,000 won.
except that this judgment.
Reasons
Punishment of the crime
1. Defendant A is an employee of Kimchi Distribution Business, who is in the F counter of Changwon-si.
In spite of the fact that anyone is prohibited from selling the country of origin disguisedly, on August 2012, the defendant was ordered to request the supply of domestic agricultural distribution kimchi from the ‘H' restaurant located in Seongbuk-gu, Changwon-si, Changwon-si, the defendant removed the inner packaging materials marked the country of origin from among the double packaging materials of domestic agricultural distribution kimchi at the Changwon-si, Changwon-si, and the Changwon-si (hereinafter referred to as the ‘original city'), and then re-packaged them in the plastic sealing paper and then supplied them to employees whose name is unknown, who are not known in the above restaurant, as if they were domestic products, thereby selling Korean kimchi in the same way from around that time until December 2012.
2. Defendant B, at the same time and place as paragraph (1), committed the same offense as Paragraph (1) in relation to Defendant A’s business, who is an employee of the Defendant.
Summary of Evidence
1. Defendants’ respective legal statements
1. Prosecutions of Defendant A and I and police suspect interrogation protocol;
1. Statement to the Prosecutor's Office;
1. Each police statement of the defendant A and K;
1. On-site photographs and written confirmation;
1. Each investigation report (the details of the purchase and sale of memorial kimchi, the confirmation of the companies purchasing traditional Korean products and quantities thereof, the packing materials of Chinese products of kimchi, waste stuffs, and photographs of changing packing materials);
1. Application of Acts and subordinate statutes to entire registered matters;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Articles 14 and 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products;
(b) Defendant B: Articles 17, 14, and 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products
2. Article 62 (1) of the Criminal Act (for Defendant A, taking into account the favorable circumstances among the reasons for sentencing as follows)
3. Article 62-2 of the Criminal Act regarding community service order (the defendant A);
4. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.