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(영문) 대전지방법원 천안지원 2017.03.16 2017고정77
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant operated a general restaurant in the name of "C" in Nam-gu, Nam-gu, Seoul.

A person who cooks and sells or provides agricultural and fishery products or the processed products thereof shall not indicate the country of origin fraudulently.

However, from May 19, 2016 to August 31, 2016, the Defendant purchased at KRW 32,32,00,00 in China, from 'Swawawawa Corporation', etc., China, China, 130km 156,00, and among them, the Defendant expressed the origin as 'domestic origin' and kept the remainder 20 km in order to provide customers with the same manner.

After all, the defendant provided China's Chinese culture-related kimchi as a counter-contest, and falsely indicated the origin of Chinese culture-related kimchi as "domestic origin."

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the criminal place;

1. On-site photographs of the violating enterprise;

1. Application of Acts and subordinate statutes to a copy of business registration certificate and a copy of business report;

1. Relevant Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 and 6 (2) 2 of the Act on Origin Labeling of Agricultural and Fishery Products (Selection of each fine);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as ordered in consideration of various sentencing conditions as shown in the pleadings of the instant case, including the background of the instant crime, items with false indication, the period for false indication, the quantity of drilling kimchi provided and kept, and the two sentences of similar cases, including the Defendant’s age, sex, and environment.

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