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(영문) 수원지방법원 평택지원 2017.10.25 2017고정407

농수산물의원산지표시에관한법률위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a general restaurant in the trade name of “B” corporation in Ansan-si.

A person who sells or provides agricultural products or processed agricultural products after cooking shall not make a false indication of the place of origin or make an indication that may cause confusion as to such products.

Nevertheless, on April 6, 2017, the Defendant purchased 60 km (108,000 won in Chinese country) from “F” located in Songpa-gu Seoul, Seoul, and provided 10 km to unspecified consumers who find the place of business in the above restaurant run by the Defendant from April 17, 2017 to April 20, 2017. The Defendant falsely indicated the country of origin of kimchi in the Handba New HH as “in Korea: domestic acid, red powder powder: domestic acid on April 20, 2017.” On April 20, 2017, the Defendant used 10 km in Korea and provided 10 km to the general consumers who find the place of business in the above restaurant run by the Defendant. The Defendant indicated the country of origin of kimchi in the Handba New HH in Korea as “the country of origin of the kimchi, and the Korean country’s red powder in Korea on April 20, 2017.

2. Defendant B is a juristic person established for the purpose of eating business.

A, the representative of the defendant, made a false indication of origin in relation to the defendant's business at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Evidence and photographs of the violating business place;

1. Application of investigation reports (verification of a business registration certificate and a business report), investigation reports (verification of the details of purchase and sales of protechi), investigation reports (verification of the details of purchase and sale of protechi), and application of Acts and subordinate statutes;

1. Relevant legal provisions and Defendant A who has selected a sentence on the facts constituting an offense: Articles 14 (1) and 6 (2) 1 (excluding punishment) of the Act on Origin Labeling of Agricultural and Fishery Products and Article 6 (2) 2: Articles 17, 14 (1) and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Each Criminal Procedure Act.