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(영문) 광주지방법원 목포지원 2018.04.27 2017고단1375
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On December 7, 2015, from around February 21, 2017 to around February 21, 2017, the Defendant violated the Act on Origin Labeling of Agricultural and Fishery Products, selling a shoulder (19,320km) to G, which is a business partner, in F, operated by the Defendant in Newan-gun E, the Defendant, who was in violation of the Act on Origin Labeling of Agricultural and Fishery Products, indicated the country of origin by inserting the shoulder to E, but the Defendant was mixed with Ethropia, the Defendant’s crypt, the age level, and the Plaintiff’s crypt.

2. On December 7, 2015, the Defendant obtained a total of KRW 269,780,000,000 from around that time to February 21, 2017, including that: (a) the Defendant sold the shoulder that the Defendant sold was a mixture of Ethiopic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ec

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. Notice of the result of inspection of each source of production;

1. Application of statutes on field-finding photographs;

1. Article 14 (1) and Article 6 (1) 1 (Selection of Imprisonment) of the Act on Origin Labeling of Agricultural and Fishery Products and Article 347 (1) of the Criminal Act concerning facts constituting the crime and Article 14 (1) of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Social Service Order does not change the nature of the crime of this case where the defendant sells a shoulder indicating the country of origin in a foreign country and fraudulently acquired the price, but the quantity of the shoulder sold by the defendant is a large amount, but there is no criminal record that the defendant has committed a crime, and there is no criminal record that the defendant has been punished for the same kind of crime, and he has purchased the shoulder from the defendant.

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