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(영문) 부산지방법원 2012.11.27 2012고단7922
농수산물의원산지표시에관한법률위반
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendants are siblings.

Defendant

B From June 2010 to October 201, 201, the Plaintiff operated the Busan East-gu F, Busan, and closed the business on October 24, 201, and from December 2011, the Plaintiff operated the Suwon-gu G (However, the signboard felled into “H”) in Busan-gu G (However, the signboard fell into “H”).

Defendant

A From June 2010 to February 201, 201, from F to the first patroler, Defendant B, a punishment, was serving as an employee of Defendant B and a meat store. From May 201 to July 2012, 201, A directly operated the meat store after being leased from Busan Ho-gu I, and from May 4, 2012, G meat points were leased and operated.

No person shall make a false indication of the place of origin of agricultural and fishery products or make an indication that may cause confusion therewith, and no person shall sell agricultural and fishery products in a disguised manner or display or keep them for the purpose of sale.

Nevertheless, from August 5, 2010 to February 2, 2011, the Defendants conspired and expressed, as if they were a domestic origin, the completion of the process by mixing Chile APP satch purchased from J, etc. at F meat stores with the domestic origin, and sold 4,453.17km in total of 3,001 won of 121,312,001.

From August 5, 2010 to July 17, 2012, Defendants conspired to enter them in the list of crimes, or indicated their respective imported swine machine as domestic acid and sold or displayed or stored them for sale.

Summary of Evidence

1. Defendants’ legal statement

1. Each field photography and a statement of the details of detection (Evidence No. 3, 4, 6, 7 No. 3, 6, 7 of the submission of the inspection);

1. Application of Acts and subordinate statutes, including investigation reports and accompanying documents (Evidence 8-14, 43-48, 50-67, 69-76, 80-91 as evidence submitted by the prosecutor)

1. Defendants in charge of the relevant criminal facts and in the choice of punishment: Articles 14 and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Article 30 of the Criminal Act (for Defendants B, including Articles 1, 1, 2, 3 and 5 of the List of Crimes);

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Aggravation concurrent crimes;

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