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(영문) 대구지방법원 2016.12.21 2016고정2362

농수산물의원산지표시에관한법률위반

Text

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

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

Reasons

Punishment of the crime

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

From March 12, 2016 to July 14, 2016, the Defendant: (a) prepared the “C” restaurant operated by the Defendant in Gyeongsan-si; and (b) prepared the expenses for domestic swine fever and the expenses for domestic swine fever; and (c) sold the amount equivalent to KRW 34,142,90,00 by falsely indicating the origin of the said business to the customers who find the said business, by mixing the said expenses with the proportion of 8:2.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to photographs of evidence of violation of origin, each investigation report, a copy of business registration certificate, investigation report (verification of sales amount of pigs);

1. Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products by combining the relevant provisions on criminal facts;

1. Selection of an alternative fine for punishment;

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