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(영문) 대구지방법원 2014.02.21 2013고단7056
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of 15 million won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

A person who produces, processes, ships agricultural and fishery products or the processed products thereof, or stores or displays them for the purpose of selling or selling shall indicate the country of origin, and no person shall make a false indication of the country of origin or make a false indication that may cause confusion therewith.

Nevertheless, from June 2012 to September 5, 2013, the Defendant sold approximately KRW 45 million and approximately KRW 30,163 kilograms of 40,000,000 imported from China to E processing plants operated by the Defendant, without indicating the country of origin as a domestic product, while engaging in food processing wholesale and retail business with agricultural product processing facilities, such as large air conditioners (12 square meters), 30 square meters at workplaces, storages, office air packing machines, washing machines, and cutting machines, and selling them with the trade name of “E” during the above period.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning F and G;

1. Seizure record and list;

1. Results of origin verification;

1. Application of investigative reports and photographs to Acts and subordinate statutes;

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

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The act of falsely indicating the origin of agricultural products with the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires strict punishment as to undermining the sound distribution order of agricultural products and undermining consumer confidence. The defendant should be strictly punished in light of the fact that even though he had the history of punishment for the same kind of crime, it is not good that he has supplied the sacrificing with the false indication of the country of origin and that he has delivered it to the customer.

However, the defendant.

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