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(영문) 전주지방법원 2019.08.29 2019고단776
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,300,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in Jeonbuk-gun, Jeonbuk-gun.

A person who cooks and sells or provides agricultural and fishery products or the processed products thereof shall not indicate the country of origin fraudulently.

Nevertheless, from January 26, 2018 to April 11, 2019, the Defendant provided approximately KRW 2,217 g out of approximately KRW 2,201,310 in Korea, among the market prices purchased from Kim Jong-si, Kim Jong-si in the above restaurant, to customers, and kept approximately 3 kg in order to provide customers with approximately 2,220 kg in Korea, and falsely indicated the origin of the Chinese Kimchi on the origin label in the above restaurant by stating it as “in Korea, for domestic products, for red powder products, and for the purpose of providing customers with approximately 3 kg in Korea.”

Summary of Evidence

1. Defendant's legal statement;

1. Written opinion;

1. A statement of detection;

1. Detection of the detection site;

1. A copy of a business report;

1. Copy of business registration certificate;

1. Details of the purchase of Korean traditional kimchi;

1. A statement of transactions of Korean traditional kimchi;

1. Application of investigation reports (report on confirmation of details of purchase of domestic culture-related kimchi) Acts and subordinate statutes;

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

The fact that the defendant provided or kept approximately 2,220 kg of Chinese traditional Korean Chinese Chinese culture to customers that leads to confusion with the consumers by marking the wrong place of origin, and that there is no criminal record of the same kind, and that there is no record of being punished as a suspended sentence or more.

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