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(영문) 대전지방법원 2019.05.09 2019고정237
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a spot-sale manufacturing and processing business, namely, “D” located in Seo-gu Daejeon Building C.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

From February 26, 2016 to September 10, 2018, the Defendant purchased 319kgg 3,192,688 won from the FF Co., Ltd. located in Daejeon Seo-gu E Co., Ltd. for foreign swine 319kg 3,192,68 won, and sold them for 5,104,000 won to unspecified consumers after cooking it as roasting from “D” directly operated by the Defendant, and indicated the false indication of the origin of the swine in the place of business in Korea.

The Defendant falsely marked the origin of a foreign swine machine in Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A judicial police officer's interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to photographs taken at the place of origin, investigation reports (Securing details of purchase of foreign swine meat), copies of business registration certificates, and copies of business notification certificates;

1. Relevant laws concerning criminal facts, and Articles 14 (1) and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines;

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

1. The defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are recognizing and opposing his mistake.

There is no history of criminal punishment for the defendant.

However, the Defendant displayed as if the entire swine were a domestic origin, even though some of the pigss for more than two years were used as a foreign origin in the course of operating Spares.

Considering the circumstance of the defendant's assertion, it cannot be said that the nature of the crime is light.

The sentencing conditions, such as the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and the circumstances after the crime, including equity in the case of the same or similar case, shall be determined as the order.

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