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(영문) 광주지방법원 2015.09.11 2015고정907
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of four 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, from February 2013, operates a general restaurant in the name of “C” in Gwangju Mine-gu.

A person who prepares and sells agricultural and fishery products or the processed products thereof shall not make a false indication of the place of origin or make an indication that may cause confusion as to such products.

Nevertheless, from February 2013 to December 31, 2014, the Defendant sold “a counter counter” and “a counter counter,” the country of origin of which is “U.S. acid,” and the Defendant indicated the origin as “U.S. acid” in the instant restaurant, and indicated the origin in the remaining three Mua New Markets as “domestic acid.”

Accordingly, the defendant made an indication that may cause confusion about the country of origin of agricultural and fishery products.

Summary of Evidence

1. Defendant's legal statement;

1. Police for the accused and each protocol of examination of the prosecution;

1. Statement made to D by the police;

1. A criminal investigation report, a criminal investigation report (the details of transactions in the Republic of Korea swine Prohibition), a criminal investigation report (the analysis of seized articles), and a report on the investigation (the results of the second examination of suspect);

1. Application of Acts and subordinate statutes to the field photographs (C), suspect restaurants, Bableers search results, photographs showing the place of origin in the U.S. dollars, photographs to be attached to the U.S. dollars, E company transactions, purchase of raw materials of swine holds, and sale of cooking and cooking foods;

1. Article 15 and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (the punishment of a fine shall be selected, but it shall be taken into consideration considering favorable circumstances, such as the fact that the defendant's criminal act was committed for an irregular long time, the fact that the defendant is divided, and the fact that the defendant has no criminal record, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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