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(영문) 춘천지방법원 2017.07.12 2017고정173
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the actual operator of the D cafeteria in Chuncheon City C and I, and the person who cooks and sells fishery products.

No person shall make a false indication or make an indication likely to cause confusion as to the original city.

Nevertheless, from October 14, 2016 to February 3, 2017, the Defendant purchased an amount equivalent to KRW 1,034km 1,27,136,000 (which is equivalent to KRW 59,45,000 for purchase price, sales price) from E companies on nine occasions from E companies from around September 14, 2016, and falsely indicated the origin as “domestic” in D-cafeteria, while preparing and selling the amount equivalent to KRW 984km, 25,936,00 among them to many unspecified consumers.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection;

1. Investigation report (related to the FI examination of the E company), investigation report (related to reporting on Morocco distribution history of snive sn beam);

1. Application of Acts and subordinate statutes to investigation reports (related to the website of a D cafeteria);

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 15 and 6(2)1 of the former Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) appears to be against the Defendant’s view that the Defendant once again acknowledges the instant crime, and that there is no record of punishment for the same kind of crime, and there is also an element for sentencing favorable to the Defendant.

However, in light of the quantity and price of the false country of origin labeling provided by the defendant, the defendant purchased and sold directly the imported goods, but the country of origin was indicated in the domestic origin, and the defendant publicizeds that the goods are domestically produced through the Internet, and the country of origin labeling which clearly states that the goods are imported is attached to the back of the water tank.

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