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(영문) 광주지방법원 2013.12.12 2013고단4519
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who sells and provides agricultural and fishery products or processed products thereof after cooking them.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, from February 1, 2013 to June 14, 2013, the Defendant falsely indicated the place of origin of the said spawn and the place of origin of the said spawn that overlaps with that of the Defendant in Gwangju Mine-gu, as “domestic acid,” and subsequently used the said spawn and the said spawn 2,356,042 won in order to sell them to the said spawn 1,191.06 g where the market price is 20,560,000 won in total, 3,180.0 g, and 1,191.06 g, 1,191.06 g, and the Defendant purchased spawn spawn spawn spawn spawn 2,54.01 g, 47,741,757,71,757,719.7

Accordingly, the defendant committed an act of falsely indicating the country of origin or an act of making an indication that may cause confusion.

Summary of Evidence

1. Defendant's legal statement;

1. Six on-site photographs;

1. Investigation report (investigation into details of purchase of swine meat);

1. Application of a copy of the statutes of the Customer;

1. Relevant Article on criminal facts and Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products elective for Punishment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant was punished by a fine of KRW 3 million for the same kind of crime on August 23, 2011, and the fact that the quantity of the offense was high and the retail price sold exceeds KRW 90 million is disadvantageous relation or fine.

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