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(영문) 부산지방법원 2020.12.24 2020고정1250
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

The defendant is a person who operates a restaurant with the trade name "D" in Busan Jin-gu B building C, and a person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not commit an act of false origin or labeling that may cause confusion with the country of origin.

Nevertheless, from January 28, 2020 to May 18, 2020, the Defendant purchased 160 km from the “FF” in Busan E, and around that time, provided 150 km from the above restaurant as a counter-convenor, and sold 150 km from the above restaurant, and entered the remainder 10 km as “kimchi-domestic products.”

Accordingly, the defendant made a false indication of the origin of agricultural and fishery products or the processed products thereof, or made an indication that may cause confusion.

Summary of Evidence

1. Investigation report of the accused's statutory statements (the details of transactions of Korean traditional kimchi);

1. Application of Acts and subordinate statutes on field photographing photographs;

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 period of sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing is not shorter than the period of the instant crime, but not less than the size of sales, and considering the fact that the Defendant has no same criminal power, etc.

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