농수산물의원산지표시에관한법률위반
Defendant shall be punished by a fine of 1.5 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
The defendant is a person who sells a mushroom with the trade name "D" in Gangwon Yangyang-gun C.
No person shall make a false or misleading indication of the place of origin.
Nevertheless, around September 10, 2013, the Defendant included China-China, which sold to E and F at the above place, in packaging materials marked as “sul natural transmission in the Baekdudaegan,” and “domestic origin origin”.
Accordingly, the defendant made an indication that could cause confusion with the country of origin labeling.
Summary of Evidence
1. Partial statement of the defendant;
1. Witnesses G and E respective legal statements;
1. A certificate;
1. A list of transactions;
1. Evidence photographs;
1. Application of the Act and subordinate statutes to the investigation report (violation quantity specific);
1. Relevant legal provisions concerning facts constituting a crime, Articles 14 and 6 (1) 1 of the Act on the Origin Labeling of Agricultural and Fishery Products and Selection of fines (the amount of fines shall be determined, taking into consideration the circumstances purchased by purchasers with knowledge of being domestically produced);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant's marking "X" was made on the "Y" label of the packing materials (hereinafter "Packing materials in this case") collected in the transmission of the Baekdudaegan as indicated in the facts constituting the crime in the judgment of the court below, and it was merely controlled in the course of performing the work to indicate "X" as "domestic products" on the part of the "domestic products in the country of origin", and it was actually purchased by the purchaser with the above additional marks, and then the purchaser knew of the above additional marks, and affixed the eroppp, which contains the transmission in the packing materials in this case, so there was no fact that there was no marking that may cause confusion with the country of origin.
In fact, it is true that the buyer actually sent home to China in the judgment.