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(영문) 대구지방법원 2017.08.07 2017고정669
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant worked as the head of the Daegu Seo-gu C Distribution Center Daegu Branch, and took overall charge of the management of employees and the wholesale and retail distribution.

No person shall sell goods in a disguised manner of origin.

Nevertheless, from October 18, 2015 to February 2, 2016, the Defendant employed 16 members of the main distributors belonging to the above C Distribution Center in the conventional markets of Daegu, Ulsan, Ulsan, racing, Changwon, and Masan, and verbally stated to the consumers as domestic products that are imported agricultural and fishery products, and sold them a disguised product of the origin of agricultural and fishery products in an amount.

Accordingly, the Defendant sold goods in disguised manner of origin.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each protocol concerning the examination of police officers in relation to E, F, G, H, I, J, K, L, M, N, P, Q, R, S, T, U, V, X, Y, and Z;

1. Business registration certificate for report on internal investigation (Attachment to a copy of business registration certificate);

1. Reports on internal investigation (related to sales behavior of members representing the C Distribution Center) and photographs thereof;

1. Application of Acts and subordinate statutes on internal investigation reports (Presumption of details of sales of the C Distribution Center and attachment of copies of sales); and application of copies of sales contracts;

1. Article 14 and Article 6(1)3 of the Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016; Act No. 14291, Dec. 2, 201); the selection of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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