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(영문) 대전지방법원 2018.01.11 2017고정1320

농수산물의원산지표시에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who operates "D" which is a restaurant located in Daejeon Pungdong-gu C.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication that may lead to confusion therewith.

Nevertheless, on April 11, 2017, from around May 31, 2017 to around May 31, 2017, the Defendant prepared and sold “E” manufactured in the above restaurant, and “E” manufactured in the U.S. swine machine, and made a false indication of origin on the origin plate, stating that “the Republic of Korea swine machine” is “the Republic of Korea catus.”

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the details of detection, a letter of confirmation, and a photograph of the place of origin violation;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines concerning facts constituting an offense, and Articles 14 (2) 1 and 6 (2) 1 of the same Act;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized to be erroneous by the Defendant. The fine for a summary order shall be reduced by taking into account the circumstances, such as the fact that there is no criminal history other than the same kind of power and fine, the fact that the restaurant appears to have been closed, the sale volume and the sales period