beta
(영문) 수원지방법원 안양지원 2015.04.10 2014고정1082

농수산물의원산지표시에관한법률위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 11, 2014, the Defendant sold roasting, roasting, and roasting, roasting, roasting, roasting, roasting, and distribution of Chinese Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style Chinese-style products, and displayed that may cause confusion as to the country of origin

Although the facts charged are stated that the country of origin was falsely indicated, it is reasonable to see that the actual sale price is low in the indication column for the country of origin, the sale price of the country of import that is evaded by the consumer, and the similar case constitutes a case where the country of origin is indicated that there is a concern to confuse the country of origin.

[See Articles 4 and 5 of the Enforcement Rule of the Act on Origin Labeling of Agricultural and Fishery Products [Attachment 5]. Summary of evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to evidence photographs and a statement of transaction [the defendant does not seem to have indicated the country of origin properly at the date and place of the crime stated in the facts of crime, and even if so, it is so, it shall be limited to cases where the country of origin is likely to be confused, as long as the country of origin is indicated like the facts of crime]

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. Article 334(1) of the Criminal Procedure Act denies the crime for sentencing of Article 334(1) of the Provisional Payment Order, however, the amount of fine shall be determined in light of the circumstances, such as the fact that the crime cannot be seen as planned crime, the scale of business is small and the closure of the business of the relevant head office