Text
Defendant
A shall be punished by imprisonment for eight months, by a fine of five million won for the defendant corporation B.
However, against Defendant A.
Reasons
Punishment of the crime
Defendant
A is a person who operates B, and Defendant B is a corporation established with the purpose of food fees and food manufacturing and sale, urban village manufacturing and sale, group meal service, etc.
1. Defendant A
(a) No person who violates the Act on Origin Labeling of Agricultural and Fishery Products shall make a false indication of origin or make an indication which may cause confusion as to such indication;
On January 2013, the Defendant: (a) entered into an entrusted service contract with the (ju) E located in Ulsan-gun, Ulsan-gun; and (b) was demanded from the above (ju) E to supply Chinese kimchi by changing the Chinese kimchi from the supply of Chinese kimchi into the domestic kimchi around February 2013.
However, the Defendant, on the ground that the transaction with the above company is the enemy, supplied the Chinese kimchi with the false indication of origin as if it were a Korean kimchi, and around February 2, 2013, ordered its wife F and employees G to supply the above company with the “one-time shift of Korean kimchi,” which is the transfer of Chinese kimchi in the above B office into the domestic kimchi gymnas.
Therefore, around March 4, 2013, at the above B workplace, the said G et al. used five stuffs “H Kimchi (based on 10km 9,500 won)” as a Chinese origin to “H Kimchi (based on 10km 20,000 won)” 5 stuffs, a domestic origin, and used a false indication of origin.
From around that time to April 22, 2013, the Defendant supplied a total of 202 stuffs (2,020 g, 2,121,000 won) of Korean kimchi (2,020 g, 2,020 g, 2,121,000 g, 35 times in total as indicated in the attached Table of Crimes List (1) to (E), thereby making a false indication of origin.
(b) A business operator, etc. who manufactures or processes foods in violation of the Food Sanitation Act shall display or store products, the distribution deadline of which expires for the purpose of selling such foods, or use such products for the manufacture or processing of foods, etc. for sanitary control.