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(영문) 전주지방법원 2017.12.11 2017고정407
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.

Nevertheless, from January 1, 2016 to January 10, 2017, the Defendant purchased the 1,833,000 cabbage (10 km boxes) equivalent to the total amount of 1,833,000 won in Korea and used domestic red powder in the above restaurant from the jute mag of the former restaurant, and provided the 78 cabbage (10 km boxes) to the visitors visiting the restaurant, and kept the cafeteria for this purpose, and made a false indication of origin by stating the origin of the cabbage kimchi as "domestic country" or "domestic origin: Gabage kimchi."

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses E;

1. Some statements made against the defendant during the police interrogation protocol;

1. A statement of the detection;

1. Detection site photographs;

1. Application of investigation reports (Securing details of transactions of anti-kimchi with the Jeonju Embry) Acts and subordinate statutes;

1. Relevant Article 15 of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on the Selection of Origin of Agricultural and Fishery Products (excluding punishment) concerning facts constituting an offense;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion was that the Defendant purchased kimchi in the Jeonju tower and provided it to customers. The Defendant purchased kimchi with a significantly higher price than that of Korean kimchi that was purchased from the said marina, and the Defendant knew that the relevant kimchi’s ingredients, cabbage and red powder were both domestic products. The Defendant did not know at all that it was a Korean country.

Therefore, the fact that the defendant makes a false indication of the country of origin of kimchi in Korea.

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