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(영문) 광주지방법원순천지원 2020.10.14 2020고정219

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 called C cafeteria in the netcheon City B.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false or misleading indication of the place of origin.

피고인은 위 C식당 음식점에서 사실은 2018. 10. 11.부터 2020. 1. 7.까지 중국산 김치 570kg을 구입하여 고등어조림, 닭볶음 등을 조리하여 판매하면서도 2020. 1. 7. 위 음식점 메뉴판에 ‘김치 국내산만 사용합니다.’라고 표시하여 원산지 표시를 거짓으로 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. 13 copies of a photograph of the detection site;

1. Application of investigation reports (report on details of transactions of Korean traditional kimchi)-related Acts and subordinate statutes;

1. Relevant Article on criminal facts and Articles 14 (1) and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (generally, choice of fines) of the Act on Origin Labeling of Agricultural and Fishery Products;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order, the sentence against the defendant shall be determined in consideration of the quantity and period of use of domestic kimchi, the form of provision, the fact that the defendant has no record of being punished for the same kind of crime, and the size of the business of the restaurant operated by