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(영문) 수원지방법원 안양지원 2016.11.10 2016고단1446
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who runs a livestock products sales business under the trade name “C” in Mapo-si B.

A person shall not make a false indication of origin or make an indication that is likely to cause confusion with it, but the defendant from June 2, 2016 to the same year.

7. From 3.23 to 73-6, Seongdong-dong, Seongdong-gu, Seoul, 5.19 km of Australia beef 55.19 kg, debt 20.07 kg, and 767.57 ggg of Canada's high-speed swine vesium vesium vesium 10,68,230, and the same year from June 2, 2016 at the above business place operated by the defendant

7. Around 27.27. Around 27.27, the Canadian beef slaughter 37.3kg, its debts 7.3kg, and Canadian swine Babling 432.5k on the market price of 15,226,500 won, each country of origin was marked as "domestic Chinese beef" and "domestic acid" respectively, and the country of origin was marked falsely.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (to secure the Director of the Food and Drug Trade Agency and specify the quantity of the goods purchased, and the quantity and amount of the goods in violation of the country of origin);

1. Details of the order of customers of meat and the commissioner of each client of meat;

1. Business registration;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Article 14 and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products for the relevant criminal facts and the Selection of Punishment (with regard to each part, respectively, of imprisonment), respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only that the Defendant has already been punished by a fine twice due to the same crime, but also that he/she was found to have sold pigs with the country of origin falsely marked and sold at the store located adjacent to the place of the instant crime from February 3, 2016 to May 4, 2016, and was issued a summary order of KRW 4 million in the Suwon District Court Ansan Branch on June 29, 2016.

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