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(영문) 대전지방법원 천안지원 2016.12.15 2016고정627

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 in the name of "C" in the Gangnam-gu Seoul Metropolitan City.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not conduct an act of false labeling the country of origin or labeling that may cause confusion as to the country of origin.

Nevertheless, from March 3, 2016 to April 4, 2016, the Defendant purchased 320 kgg of domestic culture from Dong-gu, Dong-gu, Dong-gu, Dong-gu, 102, and sold the 320 kg of Korean culture from Jung-gu, Dong-gu, Dong-gu, Seoul to the above address, which the Defendant directly operated, with the Kimchi as a kim dog, and indicated the country of origin as Chinese culture and Korean products.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F’s written confirmation;

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

1. Relevant Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishment for Criminal Facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant falsely marks the country of origin and sells or stores for the purpose of sale, and on the other hand, the defendant's primary crime and reflects the fact that the defendant is a criminal, as well as the defendant's age, character, conduct and environment, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the argument