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(영문) 대전지방법원 2018.07.12 2018고정355
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who actually operates "D's general restaurant restaurant of Daejeon Dong-gu, Daejeon."

No person who cooks and sells or provides agricultural and fishery products or the processed products thereof shall place a false indication of the place of origin or place a mark likely to cause confusion thereon.

On January 2016 to January 29, 2018, the Defendant: (a) supplied the entire amount of KRW 1,749km 2,413,950 in China to a large number of unspecified people who have found a business by making sobrying so that he/she had to sell the entire amount of KRW 21,91,00 to a large number of unspecified people who have found a business at the place of origin labeling in the business; (b) sold the entire amount of KRW 21,91,00,000 to a domestic origin labeling board in the business place; and (c) displayed it as “domestic products, domestic products in the white paper powder and Vietnam/be Namsan.”

Accordingly, the defendant has falsely indicated the country of origin in the restaurant.

Summary of Evidence

1. Statement by the defendant in court (second public trial);

1. On-site photographs of breach of origin;

1. Application of Acts and subordinate statutes to investigation reports (H investigation by a domestic culture-related kimchi supplier);

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Article 14 (1) and Article 6 (2) 1 of the same Act concerning facts constituting a crime and the selection of punishment;

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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