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(영문) 대구지방법원 서부지원 2019.11.21 2019고정40

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

Nevertheless, from July 23, 2018 to August 30, 2018, the Defendant operated a restaurant with the trade name of “C” in the Daegu-gu Seo-gu B from July 23, 2018, and purchased at KRW 16,880 the aggregate of domestic distribution of 20km-chi in the Estore located in Daegu-gu D, and provided customers with 16,80 kimchi as a dog or supporting, and made a false indication of origin by indicating “kimchi: Domestic acid” in the country of origin indication board.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection and evidence of violation of the country of origin;

1. Application of investigation reports (specific in quantity of domestic culture-related kimchi)-related Acts and subordinate statutes;

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;