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(영문) 서울서부지방법원 2020.04.29 2020고합22
농수산물의원산지표시에관한법률위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

The facts charged were partly revised according to facts obtained through the examination of evidence to the extent that it does not materially disadvantage the defendant's defense right.

On July 23, 2018, the Defendants received a summary order of KRW 2 million each due to a violation of the Act on Origin Labeling of Agricultural and Fishery Products from the Seoul Western District Court (2018 High Court Decision 3600) on the criminal facts that false origin labeling, and the said summary order was finalized on August 11, 2018.

1. Defendant A is a person who operates a general restaurant with the trade name “Co. B” in Jung-gu Seoul Metropolitan Government.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not place a false indication of the place of origin or place a mark likely to cause confusion therewith.

그럼에도 피고인은 2018. 5. 13.부터 2019. 5. 31.까지 서울 강북구 D에 있는 ‘E’로부터 독일산 돼지고기 삼겹살 21.7kg, 162,750원 상당을 구입한 다음, 위 음식점에서 삼쭈(삼겹살, 쭈꾸미)볶음에 들어가는 독일산 돼지고기 삼겹살 5kg, 25인분(1인분 200g), 325,000원 상당의 원산지를 국내산으로 거짓 표시하여 판매하였다.

As a result, the Defendant was sentenced to punishment for an offense under Article 14(1) of the Act on Origin Labeling of Agricultural and Fishery Products and again violated Article 6(2) of the same Act within five years after the sentence became final and conclusive.

2. Defendant B, the representative of the Defendant, committed the above violation in relation to the Defendant’s business at the above time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Certificates of origin violation, photographs of the scene of violation, and copies of all the registered matters of the corporation;

1. Investigation report (report on details of purchase of 3.0 pacties in foreign countries), investigation report (specific report on quantities violating the country of origin);

1. Criminal records as indicated in the judgment: 1. The application of Acts and subordinate statutes, such as records of criminal records and copies of summary orders;

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