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(영문) 서울서부지방법원 2017.05.11 2015고단2793
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

No person shall make a false indication of origin or make a false indication of origin likely to be confused therewith, or sell it in disguised manner.

Nevertheless, the Defendant, in collusion with C, D, etc., intended to sell a single-name “work rice” mixed with domestic and domestic rice in the proportion of 8:2 as if it were a domestic rice in the packing material marked as a domestic product, and specifically, C prepared criminal funds, and D intended to play a role of “the chief of the branch office” responsible for all cases where it is discovered to an investigation agency while transporting “work rice,” and the Defendant intended to manage a warehouse in Namyang-si, Nam-si, and pay daily allowances to the public.

Accordingly, on September 2013, the Defendant sold approximately 525 tons of “work rice” in packaging materials marked as “in Korea” and sold them in a false manner, and conducted a disguised sale of the country of origin by putting them on packaging materials marked as “in Korea” at a warehouse located in Namyang-si, Namyang-si, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, D and G;

1. The protocol concerning the examination of suspect by the prosecution of some of the accused, and the protocol concerning the examination of suspect by the prosecution of H, D, C, I, and F (or a copy thereof);

1. Statement made by the prosecution with regard to G;

1. A certificate of delivery of the list of seizure and a protocol of seizure;

1. Photographs, Stick paper, “J” package, a document of purchase and sale transaction, a copy of the ledger of the sales office, details of sales transaction, item ledger, transaction statement, K photograph, each witness examination protocol (Evidence No. 86,89), Supreme Court Decision 2014Do15763, Seoul Western District Court Decision 2014No. 670;

1. Application of Acts and subordinate statutes to a report on investigation (a list of evidence Nos. 6,9,12,14,53,57,66);

1. Article 14 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6(1)1 and 6(1)3 of the Act on Origin Labeling of Agricultural and Fishery Products and Article 30 of the Criminal Act concerning criminal facts;

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