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(영문) 청주지방법원 제천지원 2016.10.13 2016고정80

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates general restaurants in the name of "D" in Incheon City, and no person who sells or provides agricultural and fishery products or processed agricultural and fishery products after cooking them, shall make a false indication of origin or place a false indication that may cause confusion with it.

1. From September 8, 2015 to May 31, 2016, the Defendant purchased 27,402,386 kgs from the Yeongdeungpo-gu Seoul High Food Co., Ltd., Ltd., which was located 151-gil-ro 29, Cheongju-ro, Cheongju-ro, and sold and supplied the said beef 3,974 kgs from September 8, 2015 to June 10, 2016, the Defendant committed an act of indicating that it might cause confusion as to the country of origin by entering the said beef 3,974 gs in the item column of the country of origin on the side of the item column of the country of origin indicated on the origin sign as “hoju” and “New Zealand.”

2. From April 4, 2016 to June 8, 2016, the Defendant purchased 120 kgggg of Chinese Chinese worship of the amount equivalent to KRW 156,000 from the F located in Seocheon-si, and sold and provided the said 100 kg of Korean Kim at the above restaurant from April 4, 2016 to June 8, 2016, the Defendant committed an act of making an indication that is likely to cause confusion with the country of origin by stating the said 100 ggg of Korean distribution in the above restaurant as “domestic products” and “domestic products” in the adjacent country of origin column of the country of origin.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection, investigation report (the details of the purchase of home-free beef and Korean-related kimchi);

1. Application of the Acts and subordinate statutes to photographs of the scene of detection and business notification photographs;

1. Article 15 and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts, Article 15 and Article 6 (2) 1 of the same Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be determined for the violation of the Act on Origin Labeling of Agricultural and Fishery Products due to the more severe beef confusion in the country of origin;