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(영문) 창원지방법원 통영지원 2016.08.17 2016고정299

농수산물의원산지표시에관한법률위반

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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

Criminal facts

A Co., Ltd. is a corporation established for the purpose of running the business of manufacturing and processing fishery products and the business of selling fishery products in the Dong-si building C, and the defendant A is a joint representative director of the above Co., Ltd. who is operating the business of manufacturing, processing, and selling at the first floor of the C Co., Ltd.

No one shall put a false mark of origin on agricultural and fishery products or processed agricultural and fishery products, or put a mark likely to cause confusion thereon.

However, the Defendant, from April 2015, was running the aforementioned “D” and produced by using an implied crypus from D, manufacturing, processing, and selling “D” as its main raw material, but, in approximately six places outside and outside the said store, the Defendant used the raw crypine in a transparent and clean manner at approximately six places outside the said store.

The advertisement board of "" was posted to indicate as if it was manufactured, processed, and sold silent due to the suicide of a domestic product.

As a result, the Defendant displayed a mark that could cause confusion about the origin of the raw materials of processed agricultural and fishery products.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Session of materials for cooperation in investigation affairs, item manufacturing report ledger, a detailed statement of the use of implied materials, monthly sales compiled, and place of origin stickers;

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

1. Articles 14 and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts and punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;