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(영문) 대전지방법원 2016.01.21 2015고단3323

농수산물의원산지표시에관한법률위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of SP Co., Ltd. of SPacle C.

A person who prepares and sells agricultural and fishery products or the processed products thereof shall not make a false indication of the place of origin or make an indication that may cause confusion among them.

The defendant at around March 1, 2015, the same year.

7. Until September 29, 200, by mixing about 8.7% of 53% of the domestic acid and the origin ratio of domestically produced and imported grains, etc., mixed with non-merchants, produced 56,875 stuffed 66,875 stuffed 175 g of gropos per ambling (175 stuffed of small containers of 75g per ambling).

그럼에도 불구하고 피고인은 제품 용기에 상단에 큰 글씨로 “ 우리 농산물 피클” 이라고 커다랗게 표시하고 하단에 작은 글씨로 “ 오이 53%( 국내산 100%), 발효 식초[ 주 정( 국내산 51%, 수입산 49%)]” 로 원산지 표시하여 이를 본 소비자들이 식초를 포함한 피클제품에 사용된 원료 모두가 국내산 우리 농산물인 것처럼 혼동할 수 있는 표시( 혼동 우려 )를 하였다.

The Defendant supplied the entire amount of our agricultural products worth KRW 2,34,380,000 (the entire amount of production) to E (State) at the same time as the production, which is likely to cause confusion with the country of origin.

Accordingly, the Defendant sold the products with the possibility of confusion about the origin of the products.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to certificates, business registration certificates, reports on the manufacture of clean products, reports on the manufacture of alcoholic beverages items, reports on sale, and on-site photographs;

1. Article 15 and Article 6 (2) 1 of the Act on the Labeling of Origin of Agricultural and Fishery Products concerning the facts constituting an offense (excluding punishment) under the relevant 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;