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(영문) 부산지방법원 2013.12.12 2013고정4973

농수산물의원산지표시에관한법률위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From 2002 to 202, the defendant is the representative of kimchi factory called "C food" of the second floor building, 84 square meters of size, 1.5t of kimchi production per day, 1.0 billion won of annual sales, and D is a person in charge of contracting for food meals at schools of the above C food, and transportation.

No person who cooks and sells agricultural and fishery products or the processed products thereof shall put a false indication of the country of origin or put a mark likely to cause confusion as to such products.

Nevertheless, from September 1, 2012 to April 30, 2013, the Defendant and D, as well as D, sold and delivered Kimchi at 25 schools, such as Busan High School, 173,656,581 won (G) for 59 times as in the table of crime, which was produced in C food located in Busan High School B from September 1, 2012 to April 30, 2013.

The above school demanded that only domestic kimchi using 100% of the domestic red powder powder in Korea through the current product description of the school meal service procurement system be supplied. Accordingly, while the defendant and D supplied the above domestic red powder as kimchi 100% of the red powder powder in Korea, the kimchi level made an indication of origin "80% of domestic red powder powder, and 20% of China" with a mark of origin "80% of domestic red powder powder," and made an indication that is likely to cause confusion with the country of origin as soon as possible at the same time, and made it possible for schools to supply them as school kimchi by being aware of the fact that the domestic red powder is made with 100% of the red powder in Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the prosecution;

1. Each police statement to H, I, J, and K;

1. Investigation report (the output of the present description of the procurement system for school meal services in April 2013);

1. Investigation report (existing gimchi origin labelling labelling labels).

1. Investigation report (to attach an inspection report on food materials at F schools);

1. Each reply, each of which was sent on September 2012, - the details of the delivery, the description of the items, and the legislation of the contract for the purchase of food materials.