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(영문) 대구지방법원 김천지원 2017.11.09 2017고정347

농수산물의원산지표시에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The Defendant operated the restaurant called “C” from October 30, 2008 to November 23, 2016 between Kimcheon-si and Kimcheon-si.

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.

Nevertheless, between January 4, 2016 and September 3, 2016, the Defendant provided Chinese culture culture among customers in the above restaurant and entered the Chinese culture culture as “gimchi domestic products” in the restaurant, thereby falsely marking the origin of Chinese kimchi.

Summary of Evidence

1. Statement of the police questioning of the accused;

1. Evidence and photographs of violations of origin;

1. Investigation Report (purchase details - Application of D) legislation

1. Articles 15 and 6 (2) 1 of the former Act on the Labeling of Origin of Agricultural and Fishery Products (amended by Act No. 14207, May 29, 2016 and enforced on November 30, 2016) concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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