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(영문) 광주지방법원 2016.04.06 2015고정1966

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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, the Defendant, from January 12, 2015 to August 28, 2015, indicated 'D cafeteria', which is a general restaurant located in Gwangju Mine-gu, as a general restaurant, to 'D cafeteria', the Defendant: (a) during the course of cooking and selling cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp; and (b) indicated cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cry cryp c.

“The name of the package of the Belgium, which was displayed in the cooling and kept in custody, indicated as “the name of the package of Jeju black pigs overlaps,” “the Jeju Black ginseng overlaps,” “the head of Jeju black pigs homicide,” “the head of Jeju black swine homicide,” “the head of Jeju black swine Slaughter,” and “the head of Jeju swine zack,” and “the head of Jeju swine zack.”

Accordingly, the defendant made a false indication of the origin of agricultural and fishery products.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of an offense, on-site photograph (D cafeteria), or a copy of a business report;

1. Application of an investigation report (the results of inquiry of serial numbers of livestock products), investigation report (the quantity of violation of the country of origin labeling), and statutes;

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

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.

D. Unfavorable circumstances: the Defendant prepared and sold the aforementioned false A swine machine to many unspecified customers, and the Defendant confirmed.