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(영문) 전주지방법원 2018.07.18 2018고정189
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Defendant is a person who operates a general restaurant under the trade name of “D” in Yansan-gu, Jeonju-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.

From June 16, 2017 to December 27, 2017, the Defendant purchased 428.04km 6,885,154 U.S. beef from F located in Yansan-gu E in Jeonsi-si, Jeonsi-si, Jeonsi-si, and the Defendant should have prepared it and indicated the origin of the U.S. beef cl. to customers when selling and providing them to them.

Nevertheless, from June 17, 2017 to December 27, 2017, the Defendant: (a) prepared, sold, and provided the U.S. 29kg (out of approximately KRW 32,250,000) purchased the said D; and (b) indicated the origin as “Cheong Ho Hosan,” without indicating it as U.S., and displayed a false indication of origin or a risk of confusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate;

1. Copy of the customer director and business registration certificate;

1. An investigation report (specific report on quantity in violation);

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

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (excluding punishment for a penalty) concerning facts constituting an offense and Article 14 (2) 1 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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