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(영문) 부산지방법원 2014.07.23 2014고정1769

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 make a false indication of the place of origin, etc. or make an indication likely to cause confusion therewith.

Nevertheless, the Defendant purchased at 10,00 won per 10,00 food material sales business unit in Busandong-gu B and 2 Dong 124 (CSang) from D on December 10, 2013 to January 21, 2014, 4 times in the country of origin 10,000 won per 10,00 won of Korean traditional Kim 10kg (40kg) during the country of origin. Until the discovery on January 22, 2014, the Defendant sold 450 g of Kimchi 1,450 (30 g per 1,60 g per 1,00) in the F restaurant operated by the Defendant in Busandong-gu, Busan, with the country of origin marked in three places in the F restaurant as "domestic acid", the Defendant kept the country of origin of kimchi as above until the discovery on January 22, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the details of detection, investigation report (the details of the purchase of domestic culture-based kimchi), application of Acts and subordinate statutes on field photographing photographs;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 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;