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Reasons
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(영문) 대전지방법원 논산지원 2015.11.20 2015고정58
농수산물의원산지표시에관한법률위반
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Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A fails to pay each of the above penalties, it shall be 100.

Reasons

Punishment of the crime

Defendant

A corporation is a corporation established for the purpose of the agricultural and fishery products distribution processing business, and the defendant A is the representative director of the corporation B.

1. No person who is liable to make a false indication of origin or to make an indication that may cause confusion as to the origin;

Nevertheless, from January 2014 to January 15, 2015, Defendant A made a false indication of origin as “F” in the product cyber exchange for agricultural and fishery products by manufacturing the product “F” from Defendant B Co., Ltd., Ltd., which was located in P, E from E, the plant nature cream products manufactured with the Malaysia Pambling of U.S. mountain, and the cambling of U.S. mountain, and the cambling of U.S. mountain, and selling F833 (5,900 won per unit from 5,700 to 5,90 won) to consumers via the Agricultural and Fishery Products Cyber Exchange.

2. Defendant A, the representative of Defendant B Co., Ltd., committed the same offense as that of paragraph (1) in relation to the business of Defendant B.

Summary of Evidence

1. The defendant A's partial statement

1. A witness G and H’s legal statement;

1. A statement of detection;

1. Investigation reports prepared by the police (Securing the details of origin of small raw materials);

1. A criminal investigation report prepared by the police (security of the Director of the E Customer);

1. Investigation report prepared by the police (Sending delivery photographs);

1. Investigation report prepared by the police (the period and quantity specified in the sale);

1. Application of Acts and subordinate statutes certifying the place of business, the head of each customer bank, the indication of hamsa, the indication of F, and the place of origin;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 14 and 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter “Rules of Origin”) and selection of fines

B. Defendant B: Articles 17, 14, and 6(1)1 of the Origin Labeling Act; selection of fines

2. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

3. Defendants of the provisional payment order:

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