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(영문) 대전지방법원 2018.05.31 2018고정126
농수산물의원산지표시에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant called "C" located in Daejeon Seosung-gu B.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

Nevertheless, on August 10, 2017, the Defendant purchased 9.66 km from the “E” located in the Dong-gu Daejeon District, Daejeon. From June 2017, the Defendant purchased a total of 44.6 km 35 km from the mutual unsound retail in the U.S., and sold to an unspecified consumer by falsely marking 40.14 km from the “C” at the address of the Defendant himself/herself in his/her own management, after cooking 40.14 km, from the place of origin to the Republic of Korea and the United States of America. The rest 4.52 km was also discovered for the purpose of selling false labeling.

Accordingly, the Defendant indicated the origin of a small flag in the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning country of origin violation, field photographing;

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines concerning facts constituting an offense, and Articles 14 (2) 1 and 6 (2) 1 of the same 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;

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