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(영문) 광주지방법원 2019.06.13 2019고단1367

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the business title “C” in Gwangju Mine-gu B.

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.

Nevertheless, between June 11, 2018 and March 14, 2019, the Defendant purchased an amount equivalent to 9,720 km created by the import acid from the CE in Gwangju Mine-gu, and made a mixture of about 9,715 km equivalent to 9,715 km among them, and sold them to many unspecified customers who made a 27-type of bread products to manufacture them and visited the above 1:1, while selling them to the above 27-type bread products, the Defendant indicated the place of origin as “domestic origin” on the Stick box attached to the said bread products.

Accordingly, the defendant prepared, sold and provided agricultural and fishery products or processed products thereof, and falsely marked the country of origin.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Report on investigation (survey of details of purchase in smuggling) and application of Acts and subordinate statutes to report on investigation (specific number of offenses);

1. Relevant Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

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

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is recognized and reflected, the fact that there is no same record, and the fact that after the crime of this case, it appears that the country of origin is faithfully indicated, and other factors, such as the background of the crime, the period of the crime, sales, etc., are determined as ordered.