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(영문) 대전지방법원 천안지원 2016.12.15 2016고정611

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “D” in Seo-gu, Seoan-gu, Seoan-gu, C and 105 of the first floor.

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.

Nevertheless, from December 15, 2015 to March 23, 2016, the Defendant purchased at KRW 1,065,00 g of Spanish 30 g of Spanish spanish spanish spanch 300 g of 1,00 from “Spanish spanish spanch spanch spanch spanch spanch spanch spanch spanch spanch spanch spanch 10 g of 280 g of 280 g and displayed the origin of swine spanish spanish as “domestic spanch” and “Spanish spanish spanish spanch span span span span span span span span s

As a result, the Defendant prepared and sold G using the Spanish spanish spanish spanish, and indicated that the origin of swine spanishs might be confused into domestic acids and Spanish spanish spanish.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement on investigation report (the details of purchase and sale of Spanish Spanish pigs);

1. Application of video Acts and subordinate statutes to images of the violating company;

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

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

1. The Defendant, who was guilty of Article 334(1) of the Criminal Procedure Act, stated “Spanish acid” in the main text of “G” as indicated in the Qua New Market, denies charges by asserting that there was no indication that there was no possibility of confusion. According to the video of the violating company’s on-site photographs (Investigation Records No. 8, 9) of the violating company, the Defendant stated “(Spanish acid)” on the side of “G” of the Mua New Market, but at the bottom of the Mua New Market, “Spank store.”