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(영문) 대구지방법원 2014.04.30 2014고정869

농수산물의원산지표시에관한법률위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who prepared and sold agricultural and fishery products or the processed products thereof while operating the “C” in the Gyeonglbuk-gun.

A person who cooks and sells or provides agricultural and fishery products or the processed products thereof shall indicate the place of origin, etc. for the establishment of a fair trade order, the protection of producers and consumers, etc., and shall not sell them with a false indication or mark likely to cause confusion.

Nevertheless, the Defendant, while operating “C” in the Gyeongbuk-gun, sold the beef by falsely indicating the origin of the beef to the Food and Drug New Market by stating that “I, from October 25, 2013 to January 3, 2014, purchase 170 kilograms of U.S. beef at 170 kilograms at 1,870,000 won, two times 20 km of U.S. beef glass at 150,000 won, and prepare and sell it as a non-sofass, “I use only domestic products” on the left-hand side of the MUG, SUG, swine, cattle, ducks, ducks, chickens, kimchi, kimchi, and rice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes concerning the details of transactions of DNA import products, letter of confirmation, field photographing photographs, transaction receipts, investigation reports, and DNA import products;

1. Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products concerning facts constituting an offense;

1. The act of falsely indicating the origin of agricultural and fishery products on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Act shall be punished under the circumstances unfavorable to the Defendant, such as undermining good order in the distribution of agricultural and fishery products and undermining consumer confidence, or the Defendant’s confessions the facts of the crime and reflects his/her wrongness, the Defendant has no record of being punished for the crime related to the above restaurant business, and the Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime.