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(영문) 부산지방법원 서부지원 2020.06.10 2020고정223

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

The Defendant operated a mutual general restaurant in Busan Gangseo-gu and the first floor from September 1, 2018 to October 24, 2019. The Defendant purchased 100 km in Korea from the Eart branch office located in Gangseo-gu Busan Gangseo-gu to purchase 100 km in China (10 km in short 10 cm) and provided the above 90 km in China to customers for the first time until October 24, 2019, and used the same 90 km in China from October 24, 2019. The remainder 10 km in Korea was stored in the business place so as to provide customers with the same method as of October 24, 2019. However, the Defendant indicated the place of origin as “domestic products, Korean products, kimchi (Korean red products, Korean red products)” in the Membag.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A statement of detection;

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

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;