beta
(영문) 서울서부지방법원 2015.11.17 2015고정1471

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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 in Songpa-gu Seoul Metropolitan Government.

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, during the period from March 7, 2015 to March 25, 2015, the Defendant purchased KRW 110 km in China from 'E of Songpa-gu Seoul Metropolitan Government D' to 121,000, and sold 60 km in Korea from March 8, 2015 to March 25, 2015 to 121,000 so that he/she sold franchi 60 km in Korea to unspecified customers by falsely indicating the origin of franchi as domestic origin. The remainder 20 km also is kept in the territory of a business establishment for the purpose of sale by falsely indicating it as domestic origin.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of receipts and a statement of compiled purchase;

1. Application of Acts and subordinate statutes governing field evidence photographs;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;