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(영문) 대전지방법원 논산지원 2016.08.30 2016고정70
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false place of origin labeling or place a mark likely to cause confusion as such.

Nevertheless, from March 19, 2016 to April 9, 2016, the Defendant: (a) prepared and sold molass and quachi, which is agricultural and fishery products or processed agricultural and fishery products; and (b) prepared and sold molass and quachi, which is agricultural and fishery products or processed agricultural and fishery products; and (c) sold molass in the middle of the Defendant’s operation, the actual cost of the raw materials of molass, which is the raw materials of molass Newland, New Zealand, Dauland, and the origin of mauchi, although it is a medium country, is located in the country, the origin of molass on the origin sign kept in the above restaurant, and indicated the origin of molass in the above origin indication board as “Sasansan,” and at the same time, indicated the origin of mauchis in the restaurant wall in Korea.

“A false indication of origin or a mark likely to cause confusion as to the origin was written.”

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the detection;

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes to exposed field photographs;

1. Relevant Article 15 of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on the Selection of Origin of Agricultural and Fishery Products (excluding punishment) concerning facts constituting an offense;

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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