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(영문) 대구지방법원 서부지원 2018.10.11 2017고정799
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in telecommunications sales business under the trade name of “C” in Daegu Seo-gu B.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

Nevertheless, the Defendant purchased at KRW 11,286km from March 11, 2017 to April 14, 2017 to the above “C”, while selling goods through an open market by subdividing the above company into 10km and selling the name of the goods via an open market, by falsely stating it as the “Song company, the country of origin, and the country of origin,” and selling approximately KRW 8,253,628 won in total at KRW 11,288,68,00,000, which were cultivated from E in the area north-west, such as Cheong-gun, and Cheong-gun, for the collection of administrative affairs in Gyeong-gun, the Defendant purchased at KRW 11,286km (i.e., 18km x 627 x 627 g).

Accordingly, the Defendant made a false indication of origin or a mark likely to cause confusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of the “C” website or a field photograph violating the indication of origin;

1. A copy of business registration certificate and a certificate of report on communications sales business;

1. Certification of details of deposit transactions (private company and purchase price), receipt of deposit in the account (F);

1. Details of sales of the Auction “C”

1. Investigation report (refluence of confirmation of the company and supplier), investigation report (the amount of violation and the amount of sale);

1. Application of Acts and subordinate statutes on investigation reports (place of origin labeling);

1. Relevant Article 14 of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 14 and 6(1)1 of the former Act on the Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016); and selection of fines, etc.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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