beta
(영문) 대전지방법원 천안지원 2017.02.09 2016고정805

농수산물의원산지표시에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in Seoan-gu, Seoan-gu, Seoan-gu.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not conduct an act of false labeling the country of origin or labeling that may cause confusion as to the country of origin.

Nevertheless, from January 1, 2016 to July 13, 2016, the Defendant purchased from the above restaurant ‘E' located in Seoan-gu, Seoan-gu, Seoan-gu, in 26 times in KRW 2,860km 3,178,00 in the Republic of Korea, and among them, indicated the country of origin of spack Kim as ‘domestic products' and ‘China country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country country.

As a result, the defendant purchased China's Chinese culture kimchi and provided it as a counter-contributation, and falsely displayed the country of origin of Korean culture kimchi as "Korean origin division".

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the details of the detection of the F;

1. Entry in investigation reports (including details of purchase of domestic culture-based kimchi);

1. Application of the statutes on images of photographs taken at places violating a mark of origin;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant falsely indicated and sold or kept for the purpose of sale the country of origin, and on the other hand, the defendant entered some of the country of origin labeling as China, the defendant's primary crime and reflects the defendant's age, sexual behavior, environment, etc., taking into account the various sentencing conditions shown in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.