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(영문) 수원지방법원 안양지원 2013.11.29 2013고정951

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant business in the name of “D” on the second floor of the building in Overcheon-si.

From January 9, 2013 to May 23, 2013, the Defendant sold an amount equivalent to KRW 1,779,000, of kimchi air-conditioning 31kg in China, which was prepared under the name of a high name, and made a false indication of origin by indicating the origin of kimchi as domestic origin.

Summary of Evidence

1. The defendant's legal statement to the effect that he/she has sold the kimchi air conditioning, etc., which records Chinese Chinese culture as recorded in the judgment, under high name;

1. Evidence and photographs of the violating business place;

1. Application of Acts and subordinate statutes to each investigation report (report on the details of domestic culture-related kimchi, and report on the quantity and amount of sales of M&D in violation of origin);

1. Article 15 and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (Selection of Fines) of the relevant criminal facts and the choice of punishment

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

1. As the judgment of the defendant and his defense counsel on the assertion of the provisional payment order regarding the defendant under Article 334 (1) of the Criminal Procedure Act, since the defendant and his defense counsel alleged that the ship-type kimchi used as high water is not subject to the indication of origin, it is clear that the ship-type kimchi falls under the "compact" subject to the indication of origin, since the ship-type kimchi (including red powder among raw materials): the ship-type kimchi (including red powder): the ship-type kimchi), through the process of cutting, mixing, fermentation, fermentation, or processing, is provided for anti-confecting, cooking, or sugaring, after going through the process of cutting, mixing, taking effect, or processing.

Therefore, the above argument is not accepted.