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(영문) 대전지방법원 천안지원 2019.06.25 2019고정250
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of two 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 with the trade name, “C,” in Western-gu, Seoan-gu, and “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.

Nevertheless, from January 5, 2016 to January 10, 2019, the Defendant purchased KRW 5,580km from “E Burial” located in Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si to KRW 7,254,00, and provided 4,530km among them for the Gu use, and sold approximately KRW 2,500,000 of the Kimchi package in the market price of KRW 2,50,00,000, after cooking the Kimchi as a kimchi, and provided some of the domestic franchis for the purpose of supporting, and made an act of indicating the origin of franchi in the country of origin labeling as “domestic acid” and making an indication that may cause confusion with the country of origin.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of detection of violated business places;

1. Application of the investigation report (the purchase and use of domestic culture kimchi), five copies of the Director General of the Sales Center of Korea:

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

1. Articles 70 (1) 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 the primary criminal defendant, and the criminal defendant reflects his/her acknowledgement of his/her crime.

The defendant does not seem to have a great profit from the crime of this case.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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