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(영문) 청주지방법원 충주지원 2017.02.17 2016고단667
농수산물의원산지표시에관한법률위반등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who actually operates “C” registered for food manufacturing and processing business in Chungcheong City B, and manufactures and sells diverse bread.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

Nevertheless, the defendant from February 2, 2016 to the same year.

6. Until June 6, 200, 12 types of 12 bread, such as “Mondo Original Rollls,” etc., were manufactured and packed in the above “C,” indicating that she was engaged in only domestic brecing, even though he manufactured brecing and domestically brecing smuggling by mixing 4:6, and then sold 3 business entities, such as (ju) E, located in Gwangju City, of Gyeonggi-do, with a total market value of KRW 101,886,362.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (in addition to labels of products), investigation report (in addition to labels of origin by product);

1. A report on internal investigation (a copy of the statement of smuggling transactions in Australia);

1. A report on internal investigation (attached to the current status of the use of raw materials on March 2016);

1. Report on internal investigation (Attachment to the current status of sales by day), internal investigation report (the current status of sales by day), internal investigation report (the current status of sales by customer banks), internal investigation report (Attachment to the current status of sales by customer companies), investigation report (Attachment to the current status of sales by day of submission of C); and (Attachment to the current status of sales by company);

1. A report on internal investigation (a copy of the date of production or work inC);

1. The register of investigation reports (Attachment to the register of business licenses for food manufacturing and processing business), and the register of business reports of food manufacturing and processing business;

1. Application of statutes on site photographs;

1. Article 14 and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products for the crime concerned and the Selection of Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The instant crime ensures consumers’ right to know by having agricultural products processed goods bear appropriate and reasonable marks of origin.

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