2016 Highest 5050 Violation of the Act on Origin Labeling of Agricultural and Fishery Products

1. A;

2. B;

Representative In-house Directors A

○○ (Lawsuits) and ○○ (Public Trial)

○○○ (private ships for all of the Defendant)

March 8, 2017

Defendant A shall be punished by imprisonment with prison labor for four months, and by a fine of three million won for Defendant B.

However, the execution of the above sentence against Defendant A shall be suspended for one year from the date this judgment became final and conclusive. Defendant B shall be ordered to pay an amount equivalent to the above fine.

Criminal Facts

1. Defendant A

No one shall sell agricultural and fishery products or the processed products thereof, falsely indicate the place of origin, or make a mark likely to cause confusion therewith, sell them under a disguised country of origin, sell, store or display such agricultural and fishery products or the processed products thereof mixed with other agricultural and fishery products or the processed products thereof with the place of origin labeling.

피고인은 서울 ○○구 ○○로 ○○○에서 ( 주 ) B이라는 상호로 축산물 판매업을 하는 사람으로, 같은 장소에서 피고인의 처남인 C는 B푸줏간이라는 상호로 일반음식점을 운영하였고, B 정육점에서 한우 등을 구입하여 위 식당에 차림비를 지급하고 식당에서 한우 등을 구워 먹는 정육식당을 운영하였다 .

From May 25, 2016 to September 2, 2016, the Defendant: (a) marked the meat at the above B’s landing point with the Chinese friencing rate; (b) sold a total of KRW 4,330 in KRW 41,378,00; (c) from June 20, 2016 to September 2, 2016, mixing the Korean friencing and Saturdays with 100gs by mixing it with 100gs; (d) a total of KRW 1,810 in Han-si, Han-si, Han-si, Korea-si, 82,860; and (e) sold at the above B’s landing point and restaurant with the “breshing point and restaurant, Han-ri, Han-ri, Han-ri, Han-ri, Han-ri, Han-ri, Han-ri, and Han-ri’s length to the end.

As such, the Defendant made a false indication of origin of beef, an agricultural and fishery product.

2. Company B (In-house Directors A);

The Defendant, at the same date and time as the above paragraph (1), indicated the Defendant’s internal director on the origin of beef as above in connection with the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of statement to ○○○;

1. A written statement of ○○○ and ○○○○;

1. A report on internal investigation (on-site patrol details and on-site photographs);

1. A report on internal investigation (to secure details of transactions and the head of the customer with whom the land is supplied), the commissioner of the customer's office (○○○○), the statement of transactions (OO), a copy of the statement of transactions (OO);

1. Certificate of completion of report (stock company B) and business registration certificate;

1. Scenic photographs of the business place;

1. Certificates of slaughter inspection and copies of certificates of grading livestock products;

1. Copy of corporate register;

1. Photographs of an advertising banner;

1. Investigation report (data related to turnover), gross sales, and false sales;

1. 수사보고 ( B 푸줏간 메뉴 변동 상황 등 확인 보고 )

1. An investigation report (specific report on the date of false indication of origin and fraudation);

1. Investigation report (Submission report on the current sales status, etc. by suspect A);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendant A: Articles 14 and 6(1) of the Act on Origin Labeling of Agricultural and Fishery Products; Articles 17, 14, and 6(1) of the Act on Origin Labeling of Agricultural and Fishery Products;

1. Suspension of execution;

○ Defendant A: Article 62(1) of the Criminal Act

1. Order of provisional payment;

1. Scope of applicable sentences under the Criminal Procedure Act: The scope of applicable sentences under the law;

○ Defendant A: Imprisonment of one month to seven years;

○ Defendant B: Fine of KRW 50,000 to KRW 100 million

2. Scope of recommendations according to the sentencing criteria (as against Defendant A).

[Scope of Recommendation Form 2 (General Type)

3. Determination of sentence: Determination of sentence: Determination of a sentence

Defendant A’s time to commit the instant crime and reflects the fact that the Defendant A used only a portion of 500g of the total weight in the case of Hanbama products, which appears to have used only a part of them, and do not seem to have acquired excessive profits from consumers, and the Defendant A did not have any particular criminal history, and the punishment as ordered shall be determined in consideration of the sentencing conditions, such as the period of sale and sale of the false livestock products, etc.

Judges Kim Jong-ok