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(영문) 대전지방법원 2013.06.27 2013고정984

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant called "C" in Daejeon Seo-gu, Daejeon.

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 therewith.

Nevertheless, during the period from May 7, 2012 to February 4, 2013, the Defendant prepared and sold the country of origin, etc. in the above restaurant. However, even though the Defendant prepared the country of origin, etc. using the Australian mountain sacrine purchased from D, the Defendant indicated that “Sacrine sacrine sacrine sacrine sacrine sacrine, sacrine sacrine sacrine in the above restaurant” in the above restaurant, and put a false indication of origin or indications that may cause confusion thereof by selling the country of origin to many unspecified customers, who found the place of origin, using the Australian mountain sacrine as above.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate, a statement of detection, and an on-site photograph;

1. Application of Acts and subordinate statutes to report on investigation (violation period and quantity specific);

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

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

1. The National Assembly enacted the Act on Origin Labeling of Agricultural and Fishery Products on February 4, 2010, thereby strengthening the regulation by enhancing the maximum statutory penalty or expanding the scope of application through the amendment of the Act, and the statutory penalty for the violation, such as false representation of the country of origin, shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won.