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(영문) 인천지방법원 부천지원 2016.11.25 2016고정1168

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the trade name of Kimpo-si B.

No person who cooks and sells agricultural and fishery products or the processed products thereof shall place a false indication of the place of origin or place a mark likely to cause confusion as such.

Nevertheless, the defendant from January 6, 2016 to the same year.

6. 2. up to December, 198, it indicated C’s country of origin indication as domestic origin, but it purchased in 690km (10kg unit packaging) of China-China Kim 690kg (10k unit packaging) through 28 times and displayed C’s country of origin as a false indication to unspecified customers who find C while cooking and selling it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notarial photographs (indicating the origin);

1. The details of the transaction account book [the country of origin sign prepared by the defendant C is indicated as "domestic products", and the country of origin column of the distribution kimchi, which is indicated at the immediately lower end of the distribution farm, does not indicate the country of origin (referring to the evidence photographs of the seventh page of the investigation record), and it is determined that this customer is recognized that the country of origin of distribution kimchi is the same as that of the distribution farm in the upper part as that of the distribution farm in which this customer entered in the upper part. Accordingly, it can be recognized that the defendant displayed the country of origin of the distribution kimchi, a Chinese country, in the domestic origin];

1. Articles 15 and 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;