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(영문) 부산지방법원 2015.08.12 2015고정2290

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 general restaurant with the trade name "C" in the Geum-gu Busan Metropolitan Government B.

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

Nevertheless, on February 6, 2015, the Defendant purchased 20.88km 20,700 won per kg. 47,000 won on the floor D 1st, Busan, the Defendant: (a) sent 10.8kg of Chile Patch to the Patch Satch Satch at the time of detection on February 9, 2015; (b) used 5kg for testing, 5.8kg of Satch as batch for catch; (c) 5.88kg was cooked to the Patch for batch for catching; (d) sold 1 minute (130g) 6,00,000 won for catch catch cat at the place of origin on the Patch catch; and (e) stored 10kg for catch catch catling in order to sell it by the same method at the time of piling.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of the defendant's preparation;

1. Application of Acts and subordinate statutes to the field photographing photographs, copies of a business report, a copy of business registration certificate, and a copy of statement of transactions;

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 provides that the amount of a swine scrap machine actually sold by the defendant for the reason of sentencing is about 6 km, the defendant has no record of punishment for the same kind of crime, the defendant recognizes and reflects the crime, and other conditions of sentencing such as the age, character and conduct, environment and circumstances after the crime are considered.