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(영문) 서울서부지방법원 2018.05.18 2018고단583
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall make a false indication of origin or sell goods in disguised manner of origin.

Nevertheless, from February 1, 2017 to October 31, 2017, the Defendant stated, “C” operated by the Defendant in Dongdaemun-gu Seoul, as follows: “C” in which Kimchi products are manufactured and sold in 100% of the red paper powder in China, and as shown in the list of crimes in attached Table, the Defendant stated as follows: “The place of origin indicated in each product is mixed, mixed, stuffed, operated, and stacked,” “the red paper powder (100% in Korea)”, “the red paper powder (10% in Korea), ala kimchi, kimchi, kimchi, and machi, “the red paper powder (70% in Korea, and 30% in Korea)”.

Accordingly, the defendant made a false indication of origin and sold it in a disguised manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Evidence and photographs of the violation site;

1. Labels of kimchi products;

1. Details of sale of kimchi, ingredients of sale of gymnachi in the range of kimchi, records of sale of gymnachi in the range of gymnachi, details of sale of gymnachi in the range of gymna

1. Application of Acts and subordinate statutes to investigation reports (the quantity to be purchased as additional scrap and the quantity of kimchi sold);

1. Article 14 (1) and Article 6 (1) 1 and 3 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines concerning facts constituting an offense, and Article 14 (1) and Article 6 (1) 1 and 3 of the same Act;

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

1. The circumstances that are favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The acts of this case reflects the wrongness, and are disadvantageous to the fact that there is no record of punishment for the same kind of crime: The crime of this case is committed under the influence of undermining the consumer's trust in the food and sound distribution order, and the quality of the crime is not good. The quantity of kimchi sold by falsely marking the country of origin of the foundation powder is substantial, and the circumstances that are the conditions for sentencing, such as the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence, etc., after the crime, shall be determined by taking into account the following circumstances:

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