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(영문) 서울서부지방법원 2015.09.23 2015고정1169

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 restaurant in the name of “Ccafeteria” located in Gwangjin-gu Seoul Special Metropolitan City.

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

Nevertheless, from March 2, 2015 to March 27, 2015, the Defendant purchased from D the said restaurant to purchase approximately 81.5kg (378,800 won) of the instant wood batteries from D, and sold them to customers using approximately 81.5k (378,800 won) out of the said wood batteries, and falsely indicated the origin of swine on the marked board of origin of the said restaurant as “domestic acid”.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (verification of details of purchase of US wood batteries);

1. Application of Acts and subordinate statutes governing evidence photographs;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order shall be determined in full view of all the circumstances such as the defendant's age, character, conduct and environment, etc., including the confession of and against the defendant for the reason of sentencing, the fact that he has no previous record of the same kind,