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(영문) 인천지방법원 부천지원 2013.08.08 2013고정780
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutually known restaurant as “D” in Kimpo-si, Kimpo-si.

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, from November 1, 2012 to January 30, 2013, the Defendant: (a) purchased from “F” located in Seongdong-gu Seoul, Seongdong-gu, Seoul to purchase 772.2kg, 6.8kg, and f52.7kgs; and (b) sold 3,325 man-made 23,275,000 and 361 man-minute 3,610,000 in terms of the origin labeling; (c) during that period, the Defendant indicated the origin of “domestic products” as “domestic products, f10,000.”

Accordingly, the Defendant, in preparing the bridges as above, indicated that he will use the bridges, as well as domestic bridges, so that it may cause confusion with the country of origin to the public.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of business registration certificate and certificate of business report;

1. An investigation report (report on the detection of the sale of false indication of origin in a DNA restaurant, report on the purchase details of domestic meat in a DNA restaurant, report on the quantity of the sale of false indication of origin in a DNA restaurant, specific report on the quantity of the sale of the goods marked in a DNA restaurant), and the application of the respective attached documents

1. Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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