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(영문) 전주지방법원 정읍지원 2016.05.31 2016고정56
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who actually operates the meat cocop in the Mat in the former Northern Group B and is responsible for indicating the country of origin.

A person who produces, processes, ships, or stores or displays agricultural and fishery products or processed agricultural and fishery products prescribed by Presidential Decree for the purpose of sale or sale shall indicate the country of origin on the raw materials of agricultural and fishery products or processed agricultural and fishery products, and no person shall put a false indication of the country of origin or put a mark likely to cause confusion thereof.

Nevertheless, on June 12, 2015, the Defendant purchased 350gs 10.5kgs in total 30gs 10.5kgs in India, U.S., and Malaysia located in Gwangju Mine-gu D.

The Defendant, as such, indicated on the front package “F”, “F” mixed with both Modity in India, U.S. dollars, Malaysia, etc., to place a mark that may cause confusion with the country of origin as “domestic origin”, and sold 350gs to many unspecified consumers visiting a business establishment in total of 7.4 km 21 gs per package (total of 121,800 won), and stored 88 gggs (total of 46,400 won) in the sales display stand.

Summary of Evidence

1. Statement by the defendant in court;

1. A written confirmation of completion of G preparation;

1. Investigation reports (Submission of purchase details), investigation reports (Submission of sale details), and application of Acts and subordinate statutes to investigation reports (specific on quantity in violation);

1. Article 14 and Article 6 (1) of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Fines concerning facts constituting an offense, and Articles 14 and 6 (1) of the same Act;

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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