logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2007.7.24.선고 2007고단2583 판결
농산물품질관리법위반
Cases

207 Highest 2583 Violation of the Agricultural Products Quality Control Act

Defendant

Kim 00 (00000-0000), Manufacturing

Masan-si 00 00 00 Doe apartment 80 Magsan-dong Magsan-dong

Permanent domicile Busan 00 00 Dong 122-10

Prosecutor

Kim Tae-tae

Defense Counsel

Attorney 000

Imposition of Judgment

July 24, 2007

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months. The number of days under detention prior to the pronouncement of this judgment shall be included in the above sentence.

Reasons

Criminal facts

The Defendant is a person who operates Nurungungung-dong Manufacturing Business, Nurung-si, 1202-1 located at 00:0 00 :00 :00 :00 : 1200 :00 :00 .. 6.4 :00 - 00 - 00 - 1200 - 120 , and the person who sells or processes processed agricultural products shall not make a false indication of origin. From December 28, 2006 to May 22, 2007, the government purchased 57.5 metric tons of imported rice from public use from 00 - and then purchased from 00 - 00 - 00 - 00 - 00 - 00 - 00 - 00 - 00 - 00 - 00 - 00 - 00 - - 00 - - 100.

Summary of Evidence

1. Defendant's legal statement;

1. A self-examination record of the accused by the prosecution;

1. Statement of the police officer's attitude;

1. A written statement of the completion of documents;

1. On-site certificates and photographs;

1. The ledger of rice payments for processing, the ledger of product sales, the publicity leaflets for products, and the business registration certificate;

1. A criminal investigation report (verification on the Internet homepage), a criminal investigation report (verification of a transaction receipt), a criminal investigation report (verification of a suspect's escape from control), a criminal investigation report (verification of a domestic rice purchaser), a criminal investigation report (verification of details of sales and receipt comparison), and a criminal investigation report (violation quantity specific);

1. Manufacturing specifications in 2007, monthly details in 2007, and application of Acts and subordinate statutes as a result of origin appraisal;

1. Article applicable to criminal facts;

Article 34-2. Subparagraph 1 of Article 17 of the Agricultural Products Quality Control Act.

1. Calculation of days of detention;

Article 57 of the Criminal Act

The crime of this case in the reason for sentencing is a crime of false indication of origin related to rice that is the main product of our agriculture, and the amount of false indication of origin is about the quantity produced by using 57.5 tons of domestic rice produced in China. As such, among the types of crimes scheduled under the relevant laws and regulations, the crime of this case is very serious. Nevertheless, the defendant actively advertises as if he manufactured Nurungungungung, using only a pure rice of 's quality', and sells through the Internet, and there is a significant degree of inducing consumers, and even after the on-site control was conducted in this case, it is hard to reveal the situation that he supplied to the customer as to who falsely expressed the origin, and even after being faced with the damage of our rural community due to the export dependent industrial structure, it is necessary to accept the opening of the rice market. In light of the reality that the crime of this case resulting in the improper evaluation of the competitiveness of our agriculture in the market and the removal of the opportunity to view it as inevitable, the defendant's last desire to give punishment as a whole.

Judges

Judges Kim Gin-han

arrow