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(영문) 대전지방법원 2016.12.22 2016고정1135
농수산물의원산지표시에관한법률위반
Text

The defendant shall be innocent.

Reasons

The Defendant is a head of Seo-gu Daejeon, Seo-gu, Daejeon, who actually operates the rice culture house with the trade name “E”.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall make a false indication of the place of origin, prepare, sell or provide them in disguised manner, or store or display them after destroying or changing an indication of the place of origin for the purpose of selling or providing them after cooking.

Nevertheless, from March 4, 2016 to February 23, 2016, the Defendant purchased 115km from F Co., Ltd. in Korea from F Co., Ltd. to 438,000 won, and sold 1,200 won per unit on E’s website (E) and sold a total of 384 won for 460,80 won by falsely indicating the country of origin as domestic origin, and kept rhym dym dym dym dym dym dym dym dym dyms in the above business.

As a result, the Defendant purchased and cooked and sold China Sari (Sari) with a false indication of origin as a domestic origin, and stored and displayed it for the purpose of selling or forging the country of origin.

The evidence submitted by the prosecutor with the reasons for innocence alone is difficult to deem that the defendant actually operated E. Moreover, it is difficult to recognize that the defendant was a perpetrator who stored and displayed rhymal dymal rice bars for sale by falsely indicating or disguiseding the origin.

Rather, according to the records, the actual operator of E appears to be A, the nominal owner of the business, and the advertisement on the Internet homepage indicating the country of origin falsely, such as the facts charged, is recognized not by the intention of E including A, but by the negligence of the manufacturer of the website.

Ultimately, the facts charged in this case constitute a case where there is no proof of crime, and thus, is acquitted by the latter part of Article 325.

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