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(영문) 대구지방법원 김천지원 2016.10.18 2016고정392

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 operates a restaurant with a trade name, i.e., approximately 90 square meters in the Gu, Si, Gu, Si, and Gu.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall make a false indication of the place of origin or make an indication likely to cause confusion as to such products.

Nevertheless, on February 13, 2016, the defendant has the same harmful effect as that of the defendant.

3. In 21.21. In E located in Gumi-si, Simi-si, China-China 10kg 2 g 10,00 won and 13,500 won and 24,500 won, and used it for Me new cooking and anti-concing, and used for domestic vegetable and anti-concing, but made a false indication of the country of origin of Korean vegetable kimchi on the Mua New Markets and Origin Labeling Board in Korea-China.

Summary of Evidence

1. Partial statement of the defendant;

1. F's certificate;

1. Police investigation report (Submission of a copy of receipt for purchase of domestic culture-related kimchi);

1. Evidence of violation of country of origin [the defendant alleged to the effect that the defendant was also using both domestic and foreign kimchi, but according to each of the evidence in the judgment below, the fact that the defendant made a false indication of country of origin as stated in the crime can be recognized. Accordingly, the defendant's above assertion shall not be accepted.]

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant does not repent of his mistake, comprehensively taking into account all the circumstances such as the background of the crime in this case, the attitude and age of the defendant, character and conduct, environment, motive, means and consequence of the crime, etc., and the amount of fine in the summary order is too high.

Therefore, the punishment is determined as ordered.