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(영문) 부산지방법원 2015.06.04 2015고정749

농수산물의원산지표시에관한법률위반

Text

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

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

Reasons

Punishment of the crime

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

From April 2014 to August 12, 2014, the Defendant publicizedd the origin as “domestic rice, etc.,” and indicated in the component indication as “Ethic rice, etc., made only with strict domestic ingredients” and “Ethic rice, etc., which may cause confusion as to the origin,” and indicated in the component indication as “Ethic rice, etc.,” and “Ethic rice, etc., made with the source of origin as their raw materials,” and indicated that Ethic rice, etc. may cause confusion as to the origin.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Police investigation report (determination of details of violation and calculation of the amount of profit);

1. Business registration certificate, report certificate on communications sales business, and data on the current sales of rice specialization;

1. Application of Acts and subordinate statutes to photographs of violation scene;

1. Relevant Acts concerning facts constituting an offense and Articles 14 and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and on the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;