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(영문) 대구지방법원 2013.04.12 2013고단964
농수산물의원산지표시에관한법률위반
Text

Defendant

A Imprisonment with prison labor of 10 months and fines of 30,000,000 won, and Defendant B shall be punished by imprisonment with prison labor of 1 year.

Defendant

A above.

Reasons

Criminal facts

Defendant

A is a person operating the F of Kimchi Manufacturing Business, and Defendant B is an employee of the Kimchi Manufacturing Factory in the F as the birth of A.

1. No one shall commit an act with a false indication of origin or with a mark likely to cause confusion as to the origin.

Since September 201, the defendants got low profits by raising the price of ingredients for the manufacture of kimchi, the defendants were able to produce kimchi using the red molds of China.

From September 201 to October 31, 2012, the Defendants purchased approximately KRW 26,410 g of Chinese red powder powder from G, a manufacturer of red powder, and manufactured and sold approximately 16 kinds of kimchi 729,320 g, and indicated the origin of red powder as domestic products.

Accordingly, the Defendants conspired to indicate the country of origin in collusion.

2. On November 5, 2012, Defendant B: (a) committed a crackdown on the country of origin labeling at the National Agricultural Products Quality Management Service’s factory in Cheongbuk-gun, Cheongbuk-do; (b) had the Defendant purchased and used domestic red powder powder to create evidence.

On the same day, the Defendant called H’s operator G, a supplier of red molds powder, for the purpose of having the G make a false preparation of the relevant documents by asking H to her operator, “In today’s Agricultural Product Quality Management Service, 24,000 won was placed in our books, and selling them domestically.”

Therefore, the Defendant had G create seven categories of production or work place with false content as if he/she had manufactured red paper powder using domestic ancient paper, at the H office of around November 6, 2012, and at the H office of the elderly group of North Korea.

Accordingly, the defendant instigated G to forge evidence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of examination of the Defendants and G

1. Each police statement to I, J, and K;

1.Each.

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