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(영문) 창원지방법원 2019.05.15 2019고단707
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by imprisonment for ten months and by a fine of two thousand won.

When the defendant does not pay a fine.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” in the window B of Changwon-si.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false place of origin labeling or place a mark likely to cause confusion as such.

Nevertheless, from September 12, 2018 to March 8, 2019, the Defendant purchased approximately KRW 548.14 km from the said restaurant, and sold it as a swine king (300 g 11,000 per 30 g) with the country of origin indicated in Germany, the United States, and the Republic of Korea. The Defendant purchased approximately KRW 1,623.21 g and KRW 1,054.47 g from E, the customer of the United States of America, and sold it to approximately KRW 1,623.21 g from F, to KRW 1,054.47 g from March 1, 2019, and sold it as a total of KRW 124,926,67, and sold it to the United States of America, Australia, and KRW 20125 g 205 g g g g 205 g g g g g 2012.

Accordingly, the defendant prepared and sold agricultural and fishery products or processed products thereof, and made a false indication of origin or a false indication that may cause confusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each trading ledger;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article on criminal facts and Articles 14 (1) and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (generally and concurrently punished by imprisonment with labor);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the instant case, such as the age, character and conduct, environment, motive, means and consequence of the crime, following the sentencing of the Defendant.

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