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(영문) 대구지방법원 2019.05.22 2018고정1501
농수산물의원산지표시에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in Simsan City B.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, from July 2017 to August 28, 2018, the Defendant purchased approximately 754kgg of the said restaurant from “D,” which is the customer, for the said restaurant, for approximately 6,000-6,700 won for the said restaurant, and prepared approximately 530kg for the said restaurant to sell to customers visiting the said restaurant, and indicated the place of origin as “Swinch (Chile),” and indicated it as “E” while delivering and selling it through “E” app, and indicated as “Swinch (Chile).”

Accordingly, the defendant prepared and sold agricultural and fishery products or processed products thereof, and made a false indication of origin.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender's domicile;

1. Application of Acts and subordinate statutes of written confirmation;

1. Relevant Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Punishment for Criminal Facts;

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

1. In full view of all the circumstances, such as the confession of a criminal defendant for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no record of criminal punishment, the process and content of the instant crime, and the importance of legal interests infringed upon by the instant crime, a sentence identical to the order shall be imposed on the defendant.

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