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(영문) 부산지방법원 동부지원 2018.07.18 2018고정366
농수산물의원산지표시에관한법률위반
Text

Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

The Defendants are joint operators of “D”, which is a supplier of food materials for agricultural products in Busan-gun C.

From April 3, 2017 to October 31, 2017, the Defendants purchased a domestic gromatic, Doro, Doro, or Doro, among the agricultural products for meal service materials, and re-packageded them with plastic products, and conspired to obtain profits from the market price by attaching a boiler indicating that the products are domestically produced agricultural products. From April 3, 2017 to October 31, 2017, the Defendants purchased the aforesaid “D” with a 1,722.8km in China, Chinese Doro, 1,270.4kg in China, and 1,296.9kg with the above method to indicate the origin of agricultural products as domestic products, and then distributed them to school meal service suppliers with the summary of the purchase price of domestic products as KRW 15,716,610, 210, 294, 2529, 296, 1,296, 296.

1. Defendants’ respective legal statements

1. Each police statement made to E, F, and G;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to reports on internal investigation (the sales basis sold after an imported acid is kept domestically and the purchase of imported agricultural products shall be based on the relevant materials);

1. Article 14(1) and Article 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products, Article 30 of the Criminal Act, and the selection of fines, comprehensively for the relevant criminal facts and for the selection of punishment;

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

1. In light of the reasoning for sentencing of Article 334(1) of the Criminal Procedure Act, considering that the amount of profits earned by the Defendants from the above criminal facts is about KRW 9.5 million, the punishment shall be determined as ordered by the Defendants.

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