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(영문) 서울서부지방법원 2018.05.15 2017고정1656
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant under the trade name of Geumcheon-gu Seoul Metropolitan Government building B and D.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall make a false indication of the place of origin or make an indication that may cause confusion as to such products.

From April 28, 2017 to May 19, 2017, the Defendant purchased 2 2,000 won for China from “F” located in Yeongdeungpo-gu Seoul Metropolitan Government E (11,000 won per one gambling house).

Defendant 1: (a) prepared Korean traditional kimchi purchased as above for the purpose of opening kimchi, sold and provided them to customers who find a business place; and (b) falsely marked the origin of kimchi in Korea on the bulletin board of the business place.

As a result, from April 28, 2017 to May 30, 2017, the Defendant sold and provided a restaurant to customers who find a restaurant by falsely indicating the country of origin of the kimchi in the amount of approximately KRW 113,00, which was prepared about 17 km among the Korean traditional kimchi purchased at the above restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the place of criminal, investigation report (investigation report by a company that supplies Chinese Korean traditional kimchi);

1. Application of certificates, evidence photographs at the scene of detection, and business registration certificates and statutes;

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (excluding punishment for a penalty) concerning facts constituting an offense and Article 14 (2) 1 of the same Act;

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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