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(영문) 광주지방법원 2017.08.10 2016노1879
농수산물의원산지표시에관한법률위반
Text

The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. The lower court posted a false advertisement as if the Defendant sold only to the website (E (D) and G (F); hereinafter “instant website”) operated by the Defendant from February 3, 2015 to October 8, 2015, and sold a apology equivalent to KRW 162,698,700 for the same period.

The decision was determined.

However, from February 3, 2015 to August 31, 2015, the Defendant did not post a false advertisement as if he/she sold Cheongsong only on the instant website (the time at which the Defendant posted a false advertisement as if he/she sold Cheongsong only on the instant website). Moreover, the amount of sales of Cheongsong and Masap and Masap should be excluded from the sales price of the Defendant by falsely indicating the place of origin.

B. The sentence of the lower court (two years of suspended sentence in October, and one hundred and twenty hours of community service) is too unreasonable.

2. The summary of the facts charged is C and the Defendant is an agricultural product Internet mail order distributor who operates the Internet website D’s domain name “E” and the domain name F’s “G” mail order site.

No person who sells or processes agricultural products requiring the labeling of origin shall make a false indication of origin or make a false indication of origin likely to cause confusion.

Nevertheless, the Defendant, along with C, posted a false advertisement with C, stating that “Stop and price discount event, farm address: Cheongju-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, I” at the above Internet site as if he/she sold the Cheong-gun, which had been harvested from 300 meters of the 300m from the 300m from the 300m from the 30m wave to October 8, 2015, and then sold the Cheong-gun, which had been harvested from the 300m wave to the farm.”

Dr. Dr.

The Cheongong-gun shall be a 2,424 farmer in total from the discharge of the Cheongong-gun.

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