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(영문) 광주지방법원 2016.09.07 2016고정1263

농수산물의원산지표시에관한법률위반

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The Defendant is a person who actually operates a general restaurant in the trade name of “C” located in Gwangju Mine-gu B from December 2014.

A person who prepares and sells and provides agricultural and fishery products or the processed products thereof pursuant to the Act on Origin Labeling of Agricultural and Fishery Products shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

Nevertheless, from May 28, 2015 to February 26, 2016, the Defendant purchased “U.S. U.S. Magazine” in Gwangju Mine-gu’s “E” through 18 times, and sold “U.S. U.S. Magazine” in 212.49km 1,400,00 won at the Defendant’s business establishment, and sold KRW 1710,00 won at the Defendant’s business establishment, after cooking it in one food and drink, with a single food and drink (one minute 1,500 won). From May 28, 2015 to February 26, 2016, the Defendant indicated “E” as “I.S. Magazine 12,50,500,000 won and indicated “U.S. Magazine 20,000,000 won and indicated “U.S. 4,00,000”).

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of violations (C);

1. One copy of a statement of purchase and transactions, and the application of Acts and subordinate statutes to investigation reports (specific number of violations);

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

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