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(영문) 창원지방법원 2020.08.21 2020고정405
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C Frequency” in Seocho-gu, Changwon-si.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

Nevertheless, around February 19, 2020, the Defendant prepared and sold a native language conference, sugar, etc. using a domestic flag 1,460km produced from Company D as materials, and displayed a mark indicating the origin of a native language as “domestic and Chinese origin” on the notice board installed in the satisfaction of the above business site, and indicated the origin as “domestic and Chinese origin” on the notice board of origin installed in the restaurant, and indicated the place of origin as “domestic products (import)” as “domestic products.”

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection;

1. Application of the Acts and subordinate statutes to report on investigation (written confirmation and photographs of evidence);

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 of the provisional payment order is that the Defendant committed the instant crime in light of the legislative purpose of the Act on Origin Labeling of Agricultural and Fishery Products to guarantee consumer's right to know and to induce fair trade by purchasing a large quantity of local native language from March 2019 to the point of control, and indicating the country of origin as indicated in the judgment, such as the content of the instant crime, and the indication of the country of origin as indicated in the judgment, etc.

However, there is no record of criminal punishment, the size of the restaurant operated by the defendant, the age, character and conduct, health status, motive of the crime, and crime.

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