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(영문) 서울서부지방법원 2017.09.01 2016고정1303
농수산물의원산지표시에관한법률위반
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a Seocho-gu manufacturing company with the trade name of “C” in Dobong-gu Seoul Metropolitan Government.

From February 6, 2016 to February 14, 2016, the Defendant, at the place of business, sold 2 parts of the “Belgium 15-Gu gift gift sets” and “20-Gu gift sets” respectively, using the country of origin of the relevant Switzerland 2.8g (31.8% in its original form) to Switzerland 2.8g (31.8%) by inserting, inserting, and painting the Switzerland 4-gu draft of the Switzerland and Vietnam-U.S., mixed with the Switzerland 4-gu draft of the Switzerland 15-Gu gift sets, and then sold the Belgium 20-Gu gift sets in the Belgium 20-Gu gift sets, respectively, with the country of origin indicated the relevant Switzerland Switzerland as if the Switzerland draft was used.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Article 14 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (1) 1 and 6 (1) 1 of the former Act on Origin Labeling of Agricultural and Fishery Products (amended by Act No. 14291, Dec. 2, 2016) applicable to criminal facts (generally, selection of fines)

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. For the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the combination ratio of the relevant Seocho-gu’s imprisonment with labor is 68.2% Switzerland and 31.8% Switzerland. The Defendant’s crime is limited to the Defendant’s failure to indicate the origin in a false manner, not to mention the origin in a false manner, but to indicate only the origin of the first order and omitted the indication of the second order ingredients, and the proportion occupied by the first order of the second order of ingredients in the packing unit is very low, and the price of the first order of Vietnam is not significantly different from that of the EU.

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