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(영문) 대전지방법원 2018.01.11 2017고단4071
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who operates "D" as a business entity manufacturing and selling half-support and sales in Daejeon Seo-gu Seoul.

1. No person who violates the Act on Origin Labeling of Agricultural and Fishery Products in the Republic of Korea shall falsely indicate the place of origin or place a mark likely to cause confusion therewith, and no person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of origin or place a false indication of confusion therewith;

Nevertheless, from March 5, 2013 to March 9, 2017, the Defendant purchased a total of 22,670km of Korean traditional kimchi (total market price of 22,942,040 won) through E branch E, and sold urban communities to customers by marking the origin of kimchi in the food group table distributed every month to customers as “kimchi (domestic products)” despite the fact that the above kimchi was cooked in the manner of using or roasting the kimchi as it is, or roasting it by using it as a half, and even if it was made by using it as a half, the Defendant indicated the origin of kimchi in the food group table distributed every month to customers as “kimchi (domestic products).”

Accordingly, the Defendant made a false indication of origin.

2. No person who sells or provides agricultural and fishery products or the processed products thereof in violation of the Act on Origin Labeling of Agricultural and Fishery Products related to U.S. swine shall put a false place of origin on such products or put a false place of origin on such products for confusion.

Nevertheless, the Defendant purchased a total of 1,533,18km (the total market price of 7,484,980 won) from the above company from August 13, 2013 to March 9, 2017 through E, and subsequently made an urban fall by using a half after cooking the above swine, the Defendant indicated the country of origin of the swine on the food slip distributed to the customers every month as “the domestic cattle cattle” and the country of origin of the swine scrap on the Internet F website.

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