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(영문) 대구지방법원 김천지원 2013.08.29 2013고단739

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who operates a "Ccafeteria" in Gumi-si B, and sells or provides agricultural and fishery products or products processed therefrom after cooking them, shall not put a false indication of origin or put a mark likely to cause confusion as to such products, and shall not commit an act of damaging, changing, storing or displaying agricultural and fishery products or products processed therefrom for the purpose of selling or providing them by cooking, selling, providing, cooking, or using a disguised country of origin.

Nevertheless, from November 19, 201 to May 28, 2013, the Defendant purchased KRW 2,787km 2,787kg (market price of KRW 12,543,00) in E located in the Gu-U.S. Si from around November 19, 2012 to May 28, 2013. From around November 19, 2012 to May 28, 2013, the Defendant made a false indication of the country of origin of the Sophccccccccc c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c

Summary of Evidence

1. Partial statement of the defendant;

1. Details of each field photo, statement of transactions, false country of origin labeling, photographs of customers, and details of transactions by period;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the situation at the time of regulating the Ccafeteria), investigation report (report on attachment to the head of the Trade Office and on the calculation of unjust profits obtained by false marks

1. Relevant Article on criminal facts, Articles 15 and 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Fines;

1. In light of all the circumstances, such as the fact that the defendant has no record of committing the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the amount of U.S. Dried land handled by the defendant, profits acquired through false indication of origin, etc., and the fact that the notice board and package after the control of this case indicate the U.S.