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(영문) 대전지방법원 천안지원 2017.11.22 2017고정516
농수산물의원산지표시에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who operates a general restaurant in the name of "D" in Seo-gu, Seoan-gu, Seoan-gu, Incheon.

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

Nevertheless, the Defendant purchased KRW 4km 40,00,00 in Germany, and sold 'D' from December 23, 2016 to January 19, 2017 to 'D' to 'domestic products'. However, the Defendant purchased KRW 584,00,00 in 17,40 in 17,00 in Chinese Chinese Chinese Chinese ship-type Kim & Kim, and sold KRW 20kg in 20,00 in 17,40 in 20,00 in 20,000 in 1,000. From January 6, 2016 to January 19, 2017, the Defendant was presumed to be a gimchi, a raw material for kimchi, and gimchi, as a gimchi, in Korea.

As a result, the defendant falsely displayed German swine overlaps as a domestic product, and the Kimchi, which was prepared as a domestic franchi, as well as a domestic franchi, was sold in disguised manner.

2. Determination

A. 1) We examine whether the Defendant committed a false indication of origin.

According to the photographs of places of business violating the country of origin labeling (Evidence 9 page), the Defendant indicated the “Trubation” on the Qua New Market as “domestic origin,” and indicated as “Trubation,” and indicated as “Trubation,” under which the Defendant did not indicate the country of origin as to “Trubation,” and (2) even if the structure of the Qua New Market overlaps, it is recognized that the two types of “Trubing” and “Trubing,” were concurrently defined as “Trubing,” and “Trubing.”

Therefore, the Defendant did not indicate the origin regarding the “brush overlap” (limited to the subject of an administrative fine pursuant to Article 18 of the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter “Act”), and thus, constitutes the subject of an administrative fine.

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