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(영문) 대전지방법원 2017.06.30 2017고단1998

농수산물의원산지표시에관한법률위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant under the trade name of “C” in Type B B 2 2 205.

A person who cooks and sells or provides agricultural and fishery products or the processed products thereof shall not indicate the place of origin in a false manner, or prepare, sell or provide them in a disguised manner of origin.

Between February 3, 2016 and February 13, 2017, the Defendant purchased at KRW 212,000 the two parts of the Republic of Korea where the country of origin of the Congo was imported at “E” located in Daejeon U.S. D 1006.

Nevertheless, at the above temporary border, the Defendant indicated the country of origin of the Congo as a domestic origin on the bulletin board of the business establishment, and provided customers with two copies of the 156 km, the country of origin of the Congo, using two parts of the 156 kms, 5,289 and kept in the business establishment for the same purpose as the rest of 3 km.

Accordingly, the Defendant made a false indication of the origin of agricultural and fishery products and prepared and sold them in a disguised manner.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate;

1. On-site evidence photographs;

1. A receipt for trading;

1. Investigation report (specific the period of violation);

1. Application of Acts and subordinate statutes to a report on investigation (specific quantity and amount of violation);

1. Relevant Article of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 15 and 6(2)1 (a false indication of origin) of the former Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016; hereinafter the same shall apply), Articles 15 and 6(2)2 (a false indication of origin) of the former Act on Origin Labeling of Agricultural and Fishery Products, and each choice of fines, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;