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(영문) 춘천지방법원 속초지원 2016.02.17 2015고단583
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant with the trade name “C” in Gangwon-si, Gangwon-si.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall make a false indication of the place of origin or make an indication that may cause confusion as to such products.

Nevertheless, between December 28, 2011 and January 6, 2015, the Defendant: (a) purchased 9,365,861 won in total from Mazzzzers in Geumcheon-gu, Geumcheon-gu, Seoul; (b) purchased 1,378.42 km of Mazers of Mazzers (Mexico, Canada, Germany, and Belgium) on a total of 13 occasions; and (c) between January 23, 2013 and January 6, 2015, the Defendant purchased Mazers from Mazers to 16 times in total to 16,145,437 won in the market price; and (d) purchased Mazers from Mazers to 1,198.27 to 21,205, respectively, to 3, 197.

Summary of Evidence

1. Statement by the defendant in court;

1. An order for correction, details of sales, details of sales by goods, details of sales by goods, details of purchase, details of sales by customers, current status of sales by goods, and screen of a closure on the Internet;

1. Evidence photographs;

1. Application of the investigative report (re-specified volume of violation) Acts and subordinate statutes;

1. Article 15 and Article 6 (2) 1 (Concurrent Imposition of Imprisonment and a fine) of the Act on Origin Labeling of Agricultural and Fishery Products, inclusive, with respect to facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the scope of recommending punishment) of the Provisional Payment Order shall be [the scope of recommending punishment] false labelling.

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