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(영문) 대전지방법원 논산지원 2017.08.18 2017고정118
농수산물의원산지표시에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall falsely indicate the place of origin of agricultural and fishery products or the processed products thereof, or place a mark that may cause confusion as to such products.

Nevertheless, from April 11, 2017 to May 2, 2017, the Defendant provided approximately KRW 32,000 of the market price in the “C” restaurant operated by the Defendant located in Seosan-si and provided approximately KRW 40km of kimchi in the middle of Korea equivalent to the market price of KRW 32,000 to customers, and entered the origin of shipb Kim as “domestic production of kimchi” in the indication board of origin, and entered the origin of shipbchi as “domestic production of kimchi” in the Megrachi, and entered the indication of origin of agricultural and fishery products as raw material for agricultural and fishery products in the Megrachi, “70% domestic production of kimchi (Korean origin), and 30% domestic production among them.”

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the detection;

1. Detection site photographs;

1. Application of investigation reports (verification of details of purchase of domestic culture-based kimchi)-related Acts and subordinate statutes;

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, etc.

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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