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(영문) 전주지방법원 2016.01.28 2015고정963
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On October 29, 2002, the Defendant is a person who runs a general restaurant business under the trade name of “C” in the Ysan-gu, Busan-si.

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 March 20, 2014 to June 18, 2015, the Defendant purchased an amount equivalent to KRW 1,430 g of 1,430 g of machi, which was manufactured as a raw material, from 3,289,000, from 3,200 to 3,289,00.

From March 20, 2014 to June 19, 2015, the Defendant provided the instant “C” in the Defendant’s management, and indicated the country of origin when he provided the nacing kimchi purchased as above, the Defendant indicated the country of origin on the indication board as “domestic products: domestic Chinese products, red red powder: domestic products,” and indicated as “kim-Korean products, red red powder (domestic products, Chinese products),” and indicated as “kim-Korean products, red red powder, and Chinese products,” and indicated as “gim-Korean products, Chinese products, and Chinese products,” which might cause confusion with the country of origin.

After that, for the above period, the defendant provided the above 808 km of kimchi to unspecified customers who find the above 808 km, and kept the remaining 15 km of kimchi for the purpose of providing them to customers.

Accordingly, the defendant, who prepared and sold agricultural and fishery products or products processed therefrom, committed an act of labeling that may cause confusion with the country of origin.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A statement of the details of detection, a written confirmation of detection, and each investigation report (the investigation of the details of purchase of anti-kim kimchi, the details of the purchase of anti-kim kimchi, and the details of violation of anti-kim

1. One copy of receipt for quachi transactions, details of purchase of quachi, president of the place of quachi transactions, and copy of business registration certificate;

1. Application of Acts and subordinate statutes governing the detection field photographs;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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