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(영문) 서울중앙지방법원 2016.12.13 2016고정3503
농수산물의원산지표시에관한법률위반
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The Defendant is a person who operates a general restaurant called “C” in Seoul Special Metropolitan City, Gwanak-gu, Seoul.

No person who provides agricultural and fishery products or the processed products thereof after cooking them shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, the Defendant, at the above business place with a size of 45.10 square meters, has installed facilities, such as tableors, chairs, and kitchens, and marked “C Han-do 12,000 won” on the signboard of the business establishment, and, at the business establishment, “S. 10,000 won”, cooked and sold [12,00 won in the Republic of Korea (20g)] by means of multiplying [30,000,000 won in the Republic of Korea,], and when the quantity of the small and medium-sized 10,000 square meters in the Republic of Korea is insufficient, the Defendant purchased the small and medium-sized 10,000,000 won in the Republic of Korea, with an intention to sell it as a domestic small and medium-sized 10,500,000 won in the form of 10,000 won in the Republic of Korea from Taeyang Livestock Co., Ltd. from June 1, 2016 to July 15, 2016.16.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. A report on the results of examination and examination;

1. Copy of business registration certificate and business report certificate;

1. Efagnite photographs and country of origin display photographs;

1. A statement of card sales and a statement of transactions;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article on criminal facts and Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (Selection of Fines)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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