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(영문) 부산지방법원 동부지원 2017.08.31 2017고정644
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of three 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 Busan Southern-gu B, 1, and 2.

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 likely to cause confusion as to such products.

Nevertheless, from May 25, 2016 to January 16, 2017, the Defendant purchased 902km from P.D. to 3,604,50 won from P.D., and sold it to consumers in a restaurant that he/she operates for the said location as “Non-sib Schan Newcom (1 minute 6,000 won, 150g).” The Defendant indicated the origin of the chickens as “domestic acid/Bric acid” on the country of origin labeling, and sold 878 km to consumers by January 16, 2017.

In addition, even at the time of detection on January 16, 2017, the Brasan Crodoc 24kg was kept in the main air conditioner for sale, such as in front of the Bradoc 24kg.

Summary of Evidence

1. Statement by the defendant in court;

1. A written confirmation of the defendant's preparation;

1. Application of three Acts and subordinate statutes to a report on offender's place, on-site photographing, copy of the statement of transaction, investigation report (Attachment of sales statement by date), and sales statement by date, P.D. in each case;

1. Relevant Article 15 of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on the Selection of Origin of Agricultural and Fishery Products (excluding punishment) concerning facts constituting an offense;

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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