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(영문) 춘천지방법원 2015.11.17 2015고정264
농수산물의원산지표시에관한법률위반
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutually named restaurant “D” in Chuncheon City C.

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, from January 1, 2014 to November 11, 2014, the Defendant: (a) prepared, sold, and supplied the country of origin in the foregoing D; (b) prepared, sold, and supplied the U.S. dollars 2,634km; (c) U.S. beef 155 km purchased from E, etc.; and (d) indicated the country of origin as “domestic milk, Australia, and U.S. beef 15 km; and (c) indicated, from October 25, 2014 to November 11, 2014, the Defendant made a mixture of 52 km and domestic beef 52 km purchased from E and 52 km of Korean beef purchased from the foregoing E, and indicated the country of origin as “domestic Chinese beef ,” and indicated the country of origin in a false manner, or indicated the possibility of confusion with the country of origin.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the results of the analysis of genes, the confirmation of details of sales of sugars, and the confirmation of details of sales of uncleans);

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and selection of fines concerning facts constituting a crime;

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 (Article 334(1) of the Criminal Procedure Act (Article 334(1) of the Criminal Procedure Act provides that the defendant deceptions consumers by indicating the country of origin of beef which is made of mosium and incombustible materials in the course of operating a restaurant as if it were a Korean Chinese-domination or as if it was included in Korean-domination, and strict punishment is required for such crimes. On the other hand

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