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(영문) 대구지방법원 2013.07.26 2013고단3675
농수산물의원산지표시에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

Defendant

A is a person who operates a food processing business center under the trade name of "D" in Daegu Dong-gu, and Defendant B was a person who was the head of the management department of the above D.

No person shall make a false indication of the place of origin or make a false indication of the place of origin, or false indication of the place of origin, or sell or provide agricultural and fishery products or the processed products thereof with the indication of the place of origin, or make a false indication of the place of origin or make a false indication of the possibility of confusion.

Nevertheless, from March 12, 2012 to May 30, 2012, from June 20, 2012 to September 17, 2012, the Defendants purchased Chinese rice in Daegu Dong-gu, and purchased rice in G located in Daegu Dong-gu, and indicated the origin of the Kim Jong-sung as “domestic rice” (domestic rice) by mixing domestic rice and domestic rice in the business place with those of 3:7 in mix 3:7.

The above origin was falsely indicated and produced by manufacturing a total of 162,089kg, and sold at the Daegu Gyeongbol in order to manufacture Kimb, and by such a method, the rice mixed with domestic and Chinese rice was stored 660 kmg from the date of the establishment to the date of the establishment.

As a result, the Defendants conspired to indicate the origin in a false manner.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each investigation report (as a result of the analysis of books of voluntarily presented articles after control, reporting on the supply of F Imported rice materials, explanation of seized articles, and total quantities in violation);

1. Application of Acts and subordinate statutes governing evidence of breach of origin;

1. Article 14 and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Article 30 of the Criminal Act for the relevant criminal facts and for the selection of punishment;

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

1. It is so ordered as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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