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(영문) 대전지방법원 2018.07.12 2018고정388

농수산물의원산지표시에관한법률위반

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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The suspect is a person operating a general restaurant of ‘C' located in Seo-gu Daejeon Metropolitan City, Seo-gu.

No person who cooks and sells or provides agricultural and fishery products or the processed products thereof shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, from January 5, 2018 to January 29, 2018, the suspect purchased from Seo-gu Daejeon Metropolitan City D with ‘Nechi of China' (1 gambling 10km, 11,000 won, total of 33,000 won) and provided old-use deep-kim, and thereby, "kimchi" is originating as 'kimchi (civation): Domestic, 50 per cent in Korea, 50 per cent in China, 50 cent in China, and 10km in remainder for providing old-use deep-kimchi.

As a result, the suspect has falsely indicated the country of origin of shippochi.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of the place of origin violation;

1. Application of necessary document statutes, such as receipts;

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines concerning facts constituting an offense, and Articles 14 (2) 1 and 6 (2) 1 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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