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(영문) 대구지방법원 포항지원 2017.05.24 2017고정121

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who sells fishery products on the Internet in the name of "C" from the north-gu B and the first floor at the port of port.

A person who produces, processes and ships, sells (including mail orders) or stores and displays for the purpose of sale agricultural and fishery products prescribed by Presidential Decree or their processed products shall indicate the country of origin, and no person shall make a false indication of the country of origin or make a false indication that may cause confusion therewith.

Nevertheless, from the end of October 2016 to the beginning of February 2017, the Defendant reported the communications sales business in the name of "C" ("Telecommunications Sales Report Number": D), posted "E" on the Internet shopping mall site, etc., and sells 35 million won or more of the mersh market price to the Internet users by falsely indicating the country of origin as "Nansan" and the mert at the Internet.

Accordingly, the Defendant sold the processed products of fishery products with the country of origin falsely marked.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the detection;

1. A screen after the closure of the Internet;

1. Application of Acts and subordinate statutes to investigation reports (examination of the Enforcement Decree of the Act on Origin Labeling of Agricultural and Fishery Products);

1. Relevant Article 15 of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on the Selection of Origin of Agricultural and Fishery Products (excluding punishment);

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;