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(영문) 서울서부지방법원 2017.09.22 2017고정772

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates food entertainment business in the name of "C" in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 102.

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.

Nevertheless, from February 9, 2016 to October 9, 2016, the Defendant purchased approximately KRW 15kg (g), and KRW 4.50,000 from the livestock direct sales outlet located in the same Nowon-gu, Seoul Special Metropolitan City, to purchase approximately KRW 150,00 won in the Republic of Korea (g), and KRW 4.50,00. From February 9, 2016 to October 10, 2016, the Defendant sold approximately KRW 27,000 in the Republic of Korea, approximately KRW 2,025,00 in the Republic of Korea, as 27,00 in the Republic of Korea and the Republic of Korea bulletin board, and stored approximately KRW 370,49,950 in the air condition with the indication of origin and the kinds of meat for sale as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D;

1. Evidence and photographs of the detection site, and details of the purchase of Korean beef in the C;

1. Application of a copy of business registration certificate;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 15 and 6(2)1 of the former Act on Origin Labeling of Agricultural and Fishery Products (amended by Act No. 14291, Dec. 2, 2016; hereinafter “former Origin Labeling Act”), Articles 15 and 6(2)2 of the former Origin Labeling Act (the storage of meat type after changing the type of meat), each of the options of fines

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;