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(영문) 대구지방법원 2020.06.18 2020고정281
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a restaurant called C in Youngcheon City B.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not place a false mark of origin, or place a mark likely to cause confusion as such.

Nevertheless, from January 7, 2019 to June 3, 2019, the Defendant purchased two parts made from D to foreign bean in total at KRW 96km 93,600 on seven occasions, and provided them to customers with a half cover of 90km, and indicated the place of origin on the board of origin as "Congo-domestic bean."

Accordingly, the Defendant falsely indicated the origin of bean used in both parts.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of details of transactions between foreign two parts), a product photograph of foreign two parts, a statement of transactions between foreign two parts, a statement of transactions between foreign two parts, and a report of investigation (report on additional recognition of

1. Relevant Article on criminal facts, and Articles 14 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Fines;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act does not put the nature of a crime that impairs the consumer's trust; however, considering the fact that the defendant does not recognize, reflect, and refrain from repeating a crime; that the defendant uses a cafeteria in the Republic of Korea while operating the cafeteria from April 2016 to January 2019; that the use of the cafeteria appears not to have any record of punishment; that there is no record of punishment; that there is no record of support for four minor children; that it is difficult to operate the cafeteria due to economic ties, such as croca

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (in cases where a sentence of suspended execution of punishment is invalidated or revoked and the defendant fails to pay the above fine);

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