농수산물의원산지표시에관한법률위반
1. Defendant A shall be punished by a fine of 5,00,000 won, and Defendant B shall be punished by a fine of 4,000,000 won.
2. The defendant.
Punishment of the crime
Defendant
B is a juristic person established for the purpose of food materials map, retail business, etc., and carries on the franchise business of the “C” restaurant which is prepared, delivered and sold in stone, i.e., kimchi ground, kimchi ground, etc., and Defendant A is a representative director of the above corporation B, who exercises overall control over the affairs of the said juristic person.
No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.
1. From January 7, 2012 to June 4, 2014, Defendant A: (a) supplied 30,350km from E companies in the place of business of Co., Ltd., Ltd., Ltd., which had been located in Daejeon Pung-gu D and 501, with the market price of KRW 69,940,00,00, and supplied 30,350 km for each of the stores affiliated with “C” cafeteria as food materials, such as kimchi ground water; (b) Defendant indicated the place of origin as “kimchi (in the Republic of Korea, and in the Republic of Korea),” with respect to the aforesaid kimchi, which is food materials, such as kimchi ground, as the “kimchi (in the country),” and “domestic kimchi,” while indicating the place of origin as “kimchi (in the Internet homepage (F), advertising leaflet, packing materials, etc.,” and “domestic mountain.”
Accordingly, the Defendant made a false indication of origin.
2. From October 24, 2012 to June 4, 2014, the above Defendant B, the representative of Defendant B’s Defendant, made a false indication of origin in the Defendant’s Internet homepage (F), advertisement leaflet, packing materials, etc., as to kimchi manufactured by the Defendant in China with respect to the Defendant’s business from around October 24, 2012 to around June 4, 2014.
Summary of Evidence
1. Defendant A’s legal statement alleged to the effect that there was no intention to make a false indication of origin. However, Defendant A’s intention to make a false indication as long as he/she was aware that it was in the Republic of Korea, which is a raw material of kimchi he/she sells.