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(영문) 전주지방법원 2015.10.28 2015고정848
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in an ordinary restaurant business from September 14, 2010 to the trade name “C” in the Jeonbuk-gun.

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, the defendant around May 23, 2015, around the 28th of the same month, and the same year.

6. Around 20.20. Around 20.20.m. purchased KRW 30 km in total 72,000, from “E” located in Jinan-gun, Jinandong-gun, Jinan, Jinan-gun, a 10 km gh., manufactured of Chinese red-

The Defendant, from the above date to June 22, 2015, indicated the country of origin on the indication plate as “Semank Kimchi (Seoul),” and indicated the “Semanchis (Semanchi),” “I will use only domestic rice, snife, and red powder” on the Qua New Markets, thereby causing confusion with the country of origin.

After that, the defendant provided the above traditional kimchi to unspecified customers who find the above traditional kimchi between the above time and the above time, and kept the remaining traditional kimchi.

Accordingly, the defendant committed an act of labeling that could cause confusion with the country of origin labeling.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Relevant Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishment for Criminal Facts;

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

3. Article 334 (1) of the Criminal Procedure Act.

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