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(영문) 춘천지방법원 강릉지원 2017.10.18 2017고단735
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by imprisonment for ten months and by a fine of ten thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person who is operating a general restaurant under the trade name of “C” in the Gangwon Sea.

[2] From January 2016 to December 1, 2016, the Defendant: (a) purchased only six times Austria and Mexico; (b) purchased a total of 0 Mexico and Mexico on December 2, 2016; (c) on December 8, 2016, December 8, 2016; (d) purchased a total of 1,21.9km on December 28, 2017; and (e) purchased 0 Mexico from 06 times on December 27, 2017 to 06; and (e) purchased 1,21.9§¯ and 20 Mexico on December 14, 2016; and (e) purchased 1,21.9km and 20 Mexico on December 23, 2016; and (e) purchased 1,000 Mexico and 16.7 times on January 3, 2017.

Nevertheless, the Defendant, from January 1, 2016 to January 25, 2017, is entitled to “satisfying the Republic of Korea” inside the restaurant.

Using the phrase “satisfy”, the word “satisfy” attached a co-rating board indicating in blue and in large color the parts of “domestic origin” portion, and then attached a false indication of origin or a mark likely to cause confusion by inserting the actual origin into “Mexico/Korean origin” on each machine New and material printed in A4 paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of evidence, investigation reports (examination of details of purchase of imported swine spawn), investigation reports (examination of details of purchase of domestic swine spawns), and application of Acts and subordinate statutes to investigation reports (specific amount of violation);

1. Relevant Article 15 of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 15 and 6 (2) 1 of the former Act on the Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016); both imprisonment and fine are concurrently imposed on the crime;

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

1. Article 62 of the Criminal Act:

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