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(영문) 대전지방법원 천안지원 2016.11.11 2016고정554
농수산물의원산지표시에관한법률위반
Text

The sentence against the accused shall be determined by a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of "C" in the Gangnam-gu Seoul Metropolitan City.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not conduct an act of false labeling the country of origin or labeling that may cause confusion as to the country of origin.

Nevertheless, from July 8, 2015 to February 15, 2016, the Defendant purchased KRW 1,700 gg in China, 170 g from 'E located in Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-si, for KRW 2,380,00, among them, KRW 4,100, among which 1,500 g were prepared to sell to general consumers for KRW 49,20,00, and indicated that the origin of Mochichi is "in Korea and China", and the remainder of 200 gg is kept to sell in the same way.

As a result, the Defendant, while cooking and selling double-domestic culture culture products as raw materials, falsely indicated the origin of double-domestic culture products as ‘domestic/China country'.

Summary of Evidence

1. Defendant's legal statement;

1. Evidence photographs;

1. Application of investigation reports (the details of violation of Acts and subordinate statutes on the purchase of domestic culture-based culture-related kimchi and on the purchase of suppressions);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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