농수산물의원산지표시에관한법률위반
Defendant shall be punished by imprisonment with prison labor of one year and six months, and fine of twenty thousand won.
The defendant does not pay the above fine.
Punishment of the crime
The defendant is a person who operates a general restaurant in the name of Sungwon-si, Sungwon-si C.
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, etc.
Nevertheless, from October 17, 2016 to March 22, 2019, the Defendant purchased 3,173 km of beef, etc. from the home country located in Chang-si, Chang-si, Chang-si, and marked the origin of the said beef to many unspecified customers from the above C, from October 17, 2016 to March 28, 2019, and sold the said beef, such as the said beef, etc., and marked the origin of the said beef as “domestic beef,” and indicated the origin of the said beef to the “domestic beef,” from April 3, 2017 to March 26, 2019.
As a result, the Defendant falsely indicated the indication of origin.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each internal investigation report (the results of the analysis of NAN), photographs, records of seizure, one copy of each statement, one copy of the purchase of beef, one copy of the investigation report (the results of the analysis of NANA), the investigation report (the results of the 4th beef DNA analysis), the investigation report (the results of the 4th beef DNA analysis), the investigation report (the results of the 5th beef DNA analysis), the investigation report (the confirmation of the quantity of violation and the calculation of unjust enrichment) and the application of Acts and subordinate statutes;
1. Relevant Articles 14 (1) and 6 (2) 1 (Concurrent Imposition of Imprisonment and fines) of the Act on the Labeling of Origin of Agricultural and Fishery Products through Relevant Acts and Subordinate Statutes concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of punishment by law: One to seven years of imprisonment;
2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to the scope of recommendations (the determination of types) for food and health crimes. < Amended by Presidential Decree No. 10329, Oct. 1, 01>