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(영문) 청주지방법원 제천지원 2014.05.01 2013고정228
농수산물의원산지표시에관한법률위반등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who operates a restaurant under the trade name of 'D' in the Chungcheongnamyang-gun C.

From February 19, 2013 to March 27, 2013, the Defendant: (a) stored the Republic of Korea rocketing using as cooking materials, such as sugar in the restaurant; and (b) indicated that it is “in front of and outside the restaurant,” and indicated that it is “in the state where it is marked that it is “in the Republic of Korea acid” and “in the inside” and indicated it as “in the outside of the hall,” and did not state any indication as to the origin of the rocketing sugar, with only the indication that its origin is domestic acid, such as kimchi, rice, distribution, and so on, on the me board posted inside the restaurant.

Accordingly, the Defendant committed an act of damaging, changing, storing, and displaying agricultural and fishery products for the purpose of selling them in disguised country of origin.

B. The Defendant, along with his partner E, conspiredd to sell food cooked in China to customers as domestic rocketing cooking, and the Defendant made a false statement that the Defendant would cause confusion as to the country of origin in the Mesium and the Mes new board in the Mesium in the Mesium and the Mesium in the manner described in paragraph (1). On March 15, 2013, “E sells the Mesium in Korea and sells the Mesium in Korea to the victim F who visited the customer, and “Korea Mesium is KRW 200,000 won per 1 kg of the Mesium in Korea.”

However, in fact, the defendant and E were in Korea rocketing with the victim.

The Defendant and E received KRW 400,000 from the victim on the same day at around 22:15,00 as the price for rocketing.

2. Determination:

A. Determination as to the violation of the Act on Origin Labeling of Agricultural and Fishery Products does not change the place of origin from an investigative agency to this court for the purpose of selling the country of origin disguisedly, but does not change the place of origin for the purpose of selling the country of origin upon wintering. As such, during the period from December 2, 2012, the Defendant was in the Republic of Korea.

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