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(영문) 광주지방법원 2016.09.30 2016고정1401
농수산물의원산지표시에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The Defendant is a person who operates a general restaurant under the trade name of “C” in Seo-gu, Gwangju.

A person who cooks and sells or provides agricultural and fishery products or the processed products thereof pursuant to the Act on Origin Labeling of Agricultural and Fishery Products shall not place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, from January 9, 2015 to June 18, 2016, the Defendant purchased 255 g of the U.S. rice 200,000 U.S. rice 200,000 U.S. market price from E located in Seo-gu, Gwangju through 26 times. From June 28, 2016 to June 28, the Defendant prepared 4,985 g of the U.S. rice 4,985 gbal and robed rice baling in the place of origin labeling in the place of business operated by the Defendant, and provided customers with the origin of rice by falsely indicating the origin of rice in the domestic product, and stored 115 kg of the U.S. rice 15 gg for sale in the same purpose and method.

Accordingly, the Defendant falsely indicated the origin of the U.S. rice as a domestic product.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. A written statement of the fact of violation and each investigation report;

1. Application of video-related Acts and subordinate statutes to non-violation site photographs;

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

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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