2015Ruling 264 Violation of the Act on Origin Labeling of Agricultural and Fishery Products

A person shall be appointed.

The minimum leather (prosecutions) and the court (public trial)

Attorney B (Korean National Assembly)

November 17, 2015

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

Where a defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

The defendant is a person who operates a restaurant in the name of "D" in Chuncheon City.

A person who prepares and sells agricultural and fishery products or the processed products thereof shall not make a false indication of the place of origin or make an indication that may cause confusion as to such products.

Nevertheless, from January 1, 2014 to November 1, 2014, the Defendant: (a) prepared and supplied 2,634 km from Australia purchased from E, etc. to 2, and 155 km from the U.S. beef purchased from E, etc. to 11, 2014; and (b) entered the origin in the mixture of domestically produced milk, Australia, and U.S. beef 155 km; and (c) made a false indication of the origin or a false indication of the risk of confusion as to the origin, while selling them by mixing 52 km from the U.S. beef purchased from E with 52 km and domestic beef 52 km from November 11, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the results of the analysis of genes of beef, the confirmation of details of sales of sugar, and the confirmation of details of sales of French meat);

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

1. Article applicable to criminal facts;

Articles 15 and 6(2)1 of the Act on Origin Labeling of Agricultural and Fishery Products, selection of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

[The defendant, while running restaurants, has expressed the origin of beef, which is a raw material for sugar and incombustible, as if it were a domestic acid or as if it had been included in a domestic acid, and has induced consumers to commit such crimes. It is necessary to strictly punish them. On the other hand, under favorable circumstances, the defendant shows an attitude against the defendant while engaging in a crime at the same time]

Judges Park Jong-chul