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(영문) 인천지방법원 2019.09.19 2019고단4886
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for not less than ten months and by a fine not exceeding fifteen thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and recognized to the extent that it is not likely to substantially disadvantage the defendant's defense.

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, from August 2017 to March 2019, the Defendant prepared and sold agricultural and fishery products or the processed products thereof at the “C” restaurant operated by the Defendant in Nam-gu Incheon Metropolitan City, Nam-gu, and sold them, the Defendant sold 3,098.33kggg of the market price by stating the country of origin of swine in the mark of origin inside the restaurant, such as the list of crimes in the attached Table, as in the attached list of crimes, in which the country of origin is likely to cause confusion as to the country of origin, and sold 3,098.33kg of the Spanish of the market price. The Defendant sold 12,630,000g of the market price by making indications that the country of origin is likely to cause confusion as to the country of origin to the “domestic and domestic products.”

As a result, the Defendant made a false indication of origin or made an indication that may cause confusion.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the result of reinforcement and investigation of the command case, confirmation on the details of purchase of a scambling of a foreign country, additional submission of the details of sale of kimchi products, and specific quantity of violation);

1. Sales balance sheet;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Relevant provisions of the Act on the Origin Labeling of Agricultural and Fishery Products and the Selection of Punishments and Articles 14 (1) and 6 (2) 1 (including each product) of the Act on the Origin Labeling of Agricultural and Fishery Products, and both imprisonment and fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution shall be sentenced to imprisonment under Article 62(1) and (2) of the Criminal Act;

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