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(영문) 광주지방법원 2013.09.04 2013고정1523

농수산물의원산지표시에관한법률위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant operates a mutual general restaurant in Gwangju-gu B, called “C”.

From July 12, 2012 to June 3, 2013, the Defendant: (a) indicated the place of origin in the place of origin to “satisf and satch satch satch satch satch satch satch satch satch satch satch satch satch satch satch.”

Accordingly, the defendant who prepared and sold agricultural and fishery products or the processed products thereof, and sold and provided them, committed an act of labeling that may cause confusion with the country of origin.

Summary of Evidence

1. Defendant's legal statement;

1. Details of purchase of pigs and pigs by the Director of the Customer and C;

1. Evidential photographs of each evidence;

1. Application of the Act and subordinate statutes to the investigation report (violation quantity specific);

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

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is a crime that damages trust on the indication of origin, on the ground that: (a) the Defendant’s crime of this case was committed with an indication that it may cause confusion as to the sale of the domestic product satisfaction to the customers who found the Defendant’s restaurant, while selling only Chile

However, in full view of the fact that the defendant, like the indication of the origin, appears to have known that most of the customers would not purchase the country of origin with the erroneous knowledge, and that the defendant seems to be against his fault in depth, the amount of fine of KRW 5 million under the summary order shall be deemed to be excessive, and thus, the sentence shall be determined like the order.