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(영문) 수원지방법원 2015.12.17 2015고정2207

농수산물의원산지표시에관한법률위반

Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is a person who operates a food service business (general restaurant) called the “Cbubook” in the Yongsan-si Suwon-si B 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, the defendant, on April 14, 2015, from "Jari-ro, 517-17," "Jari-ro, 20kg in Korea," and the same year from January 5, 2015. < Amended by Act No. 1317, Jan. 5, 2015>

4. Until April 20, 2015, the Defendant purchased and used 187kg of the U.S. S. S. S. S. S. swine 187kg from the “E regularly located in the wife population D, and, at the time of detection, indicated the country of origin as the domestic origin of kimchi and swine 187kg of the U.S. Chinese kimchi and the U.S. swine 187kg of the above restaurant to unspecified customers who find the above restaurant, and sold it by cooking it as the kimchi 10kg of the Republic of Korea and the high-speed 187kg of the U.S. S. S. S. S. S. A

2. According to the records of this case, the Defendant was sentenced to a fine of KRW 1 million with the summary order issued on September 9, 2015, as of September 2015, 2015, for criminal facts identical to the facts charged in this case, and on November 12, 2015, the above summary order became final and conclusive.

When a summary order becomes final and conclusive, it has the same effect as a final and conclusive judgment (Article 457 of the Criminal Procedure Act). If so, the facts charged in this case constitute a final and conclusive judgment, and thus, acquittal of the defendant is pronounced in accordance with Article 326