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(영문) 수원지방법원 2015.07.02 2015고정441
농수산물의원산지표시에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a “F” to distribute and sell fishery products in wholesale to restaurants, meal facilities, retail stores, general buyers, etc. in the E market in Suwon-si, Suwon-si, Suwon-si, with permission for intermediate wholesale business from Suwon-si, and G is an employee of the Defendant, and H is an employee of F.

No person who intends to sell fishery products shall make a false representation of the country of origin while selling them without indicating the country of origin, or sell fishery products in disguised manner, such as responding to the country of origin when selling them without indicating the country of origin in a false manner, or when selling them without indicating the country of origin in a false manner.

Nevertheless, the Defendant, in collusion with G and H, sold customers who found F from October 24, 2014 to November 13, 2014, in collusion with G and H, with the origin disguised (5kg x 4 gambling, and 900,000 won) without indicating the origin, and sold them under the disguised country of origin.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police suspect interrogation protocol of H and G:

1. A copy of the protocol of suspect examination of the police officer;

1. Application of the permission for intermediary wholesale business, the ledger of customers, each purchase account book, and the Acts and subordinate statutes of sales receipt;

1. Article 14 and Article 6 (1) of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishments, Article 30 of the Criminal Act and the Selection of Fines;

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

1. The following circumstances acknowledged by the record of this case, namely, the determination of the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act: (a) the Defendant purchased a Japanese biological conflict from J from October 24, 2014 to November 13, 2014; (b) around that time the Defendant did not handle domestic biological conflict; (c) while the Defendant and G and H together worked for F as of November 13, 2014, G and H were originating to customers.

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