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(영문) 부산지방법원 2017.09.14 2017고정1425
농수산물의원산지표시에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person who operates a general restaurant with a trade name “C” in Seo-gu, Busan.

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 January 2, 2017, the Defendant purchased 15 kmg 6,100 won/km of Australia from the Do-dong 62-56, Busan High-dong, Busan High-dong 201, and cooked it in the above restaurant to sell for KRW 7,00 won per person after cooking it as food for "outstanding 7,00 won," while keeping a mer new plate in the place of business indicated as "in the Republic of Korea to be filled out". From around that time to January 19, 2017, the Defendant falsely displayed the origin mark by multiplying the window by the number of Do-dong 62-56.

In addition, from September 2016 to January 19, 2017, the Defendant purchased KRW 11,000 from 11,000 to 12,00 per 12,00 from the gambling house (10kg) with domestic Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the details of the detection and on-site photographing photographs;

1. Application of investigation reports (verification of details of transactions of violating items) Acts and subordinate statutes;

1. Article 15 and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (amended by Act No. 14291, Dec. 2, 2016 and enforced June 3, 2017) applicable to facts constituting an offense and Articles 15 and 6 (2) 1 (excluding punishment) of the same Act;

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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