beta
(영문) 대구지방법원 김천지원 2016.09.27 2016고정390

농수산물의원산지표시에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant with a trade name, “C” of approximately 100 square meters in the Gu, Si, Gu, Si, and Gu.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall make a false indication of the place of origin or make an indication likely to cause confusion as to such products.

Nevertheless, on March 29, 2016, the Defendant purchased 10 km Kimchi 26,000 won using red powder powder in China in Dong-si, Gu-si, Si-si, Gu-si, and used it for roasting, and falsely displayed the country of origin of Chinese kimchi on the country of origin display board in the business place.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the criminal place;

1. Application of Acts and subordinate statutes concerning photographs of violations of origin;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 and 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines concerning facts constituting a crime;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act ( considered favorable circumstances, such as the background of the instant crime and the fact that the Defendant is a primary offender);