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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
The defendant is a person who operates a "D cafeteria" located in Class B apartment C.
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.
From July 3, 2013 to February 15, 2014, the Defendant purchased KRW 24,000 for 69 ghambag, which was made from Daejeon Pung-gu E 101 (State F) in Korea, for 69 gambag.
From around that time, the Defendant provided customers with the degree of 661 kg of machi 661k, which was composed of Korean red powder, in the above business establishment, and falsely displayed the origin of maim kimchi in the place of origin display as a domestic product. On February 18, 2014, the Defendant kept the degree of 29 kg of maim kimchi, which was composed of Chinese red powder in Korea, in order to provide customers with half the degree of 29 kg of maimchi.
Accordingly, the defendant has falsely indicated the country of origin of red powder.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each statute to the details of detection and photographs;
1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.
In addition, it seems that earnings from the crime are not significant, and it is expected that the country of origin will change later, so the risk of recidivism is low.
In this context, the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime are considered, the punishment as ordered shall be determined.