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(영문) 대전지방법원 2018.05.17 2018고정275
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates “D”, a general restaurant, on the 36th floor in Daejeon Jung-gu.

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 January 2017 to November 27, 2017, the Defendant: (a) received KRW 1,205 g, 2,348,600 from the Gangnam Sea, which was manufactured in the Republic of Korea through a foreign country (U.S., Canada, Australia, etc.); and (b) received KRW 1,430 g, 2,850,240 from the Republic of Korea to the two parts in the above D; and (c) sold and provided them to the customers who find a place of business by cooking two parts of the two parts, two parts of the two parts, two parts, and two parts of the supporting kimchi, or marked it as an Internet social-based food and information hall in Korea by selling a meal right through a total of KRW 236,020,90.

As a result, the Defendant falsely indicated the origin of a foreign bean in Korea.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on the details of a written confirmation, a closure of the Internet mail-order sales and two copies of the headquarters;

1. Article 14(1) and Article 6(2)1 of the Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 3, 2017; Act No. 14291, Dec. 3, 201); and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant did not have any criminal record, and that the Defendant was erroneous in committing the instant crime that occurred due to failure to complete the education related to the indication of origin, and further stated to the effect that the importance of the indication of origin was re-Recognized by completing the education on the indication of origin, and that some circumstances may be taken into account in the instant circumstances.

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