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(영문) 전주지방법원 2018.09.06 2018고정331

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who engages in retail business with the trade name “C” in the former North Korea-gun B.

No person who produces, processes, ships agricultural and fishery products or the processed products thereof, or stores or displays them for the purpose of selling or selling shall place a false place of origin labeling or place a mark likely to cause confusion as to such products.

Nevertheless, the Defendant, from October 26, 2017 to January 26, 2018, made the instant steel product with a vegetable movable vegetable vegetable purchased from D and purchased from D, and then indicated it as “the country of origin” and indicated it as 10 km in E, F, etc.

620 Madern 68.2 million won was sold, and 10 km was sold in C factory storage for sale purposes.

180 Potters were kept in custody.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the details of the detection and photographs of the detection site;

1. Application of Acts and subordinate statutes to a investigation report;

1. Article 14 (1) and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (excluding punishment) concerning facts constituting an offense and Article 14 (1) and Article 6 (1) 1 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the sales amount of processed goods falsely indicated the reason for sentencing under Article 334(1) of the Criminal Procedure Act, there is a significant difference between the Defendant’s primary offender, the Defendant’s mistake and reflects, and the life-long and the life-long class of the inner movable property.

There is no evidence to see that there is no significant impact on the consumer choice in this case on the false indication of origin.

The sentence shall be determined as ordered in consideration of all the conditions of sentencing, including the fact that they appear.