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(영문) 창원지방법원 2019.07.25 2019고정318

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who actually operates a general restaurant with the name of "D" in the Seongdong-gu building B and C at Changwon-si.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall put a false indication of the place of origin or put a mark likely to cause confusion thereon, or prepare, sell or provide such products in a disguised manner, or change and keep the indication of the place of origin for the purpose of sale or provision after cooking.

Nevertheless, from March 12, 2018 to May 17, 2018, the Defendant purchased 67,200 won, on four occasions, for the purpose of falsely marking the origin of the high-sea swine into the Republic of Korea, and falsely marking the origin of the high-sea swine 50km (250,250,000 won) from G located in the first floor of the Masan-si E market, Sungwon-si, and selling 170,000 won for German swine 20km at H, Changwon-si, on three occasions from June 14, 2018 to September 3, 2018, and supplied 205, 205, 205, 205g for the purpose of selling 15g and 205g, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the details of detection;

1. Article 14 and Article 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Fine (amount of fine shall be based on business size, serious reflectivity, economic situation, support relationship, health conditions, equity with the same kind of case, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;