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(영문) 수원지방법원 안산지원 2016.01.27 2015고정1587
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant fails to pay the above amount, 100,000 won shall be one day.

Reasons

Criminal facts

The defendant is a person who operates a general restaurant under the trade name of "D" in the light name C, C (C)-206.

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, from January 13, 2015 to April 10, 2015, filed a prosecution by deeming the foregoing D restaurant as 17,013km, and the Prosecutor 564.78 of the Netherlands as 17,013km. However, in light of the results of inquiry into Gyeonggi-do, it is recognized that the Defendant was supplied in U.S. P. F., the Defendant only recognized that the Defendant was supplied in U.S. P. (ju) for the Netherlands 564.78km when the Netherlands was overlapped (no evidence exists to acknowledge that the Defendant was supplied with the said T.C.) (i.e., the excessive portion falls under a case where there is no proof of a crime, and thus, the Defendant should be acquitted, but as long as it is found that there is a single crime, the Defendant is not guilty in the disposition.

When purchasing, cooking and selling kg, the country of origin labeling was marked as “in the Republic of Korea, the United States, and the Netherlands mountain” in a separate space away from Meg New Markets (U.S.T.T.) and marked as “in the Republic of Korea, the United States, and the Netherlands mountain.”

Summary of Evidence

1. The defendant's partial statement (the defendant and his defense counsel asserts that there is no indication that there is no possibility of confusion about the country of origin of the defendant.

According to the following evidence, it is recognized that the defendant's Meapmark included 200gg 12,000 won for domestic production overlaps, 10,000 won for non-fluence, etc. in the country of origin marking: money in the country of origin marking: The fact that each of the following was entered in the country of origin marking, the United States, the Netherlands acid, etc.; and the defendant provided the Netherlands vegetation due to a single luxation.

The following circumstances acknowledged by the following evidence, i.e., the defendant:

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