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(영문) 광주지방법원 순천지원 2020.06.24 2020고단78
농수산물의원산지표시에관한법률위반
Text

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

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 indication of the place of origin or place a mark likely to cause confusion therewith.

From July 2019 to September 5, 2019, the Defendant purchased a total of 82 km (102,500 won at a market price) processed from E to foreign countries, such as the United States, Canada, and Australia, as a person operating a C cafeteria in Yong-nam City, from around July 2019 to around September 5, 2019. The Defendant purchased a total of 81 km (294,030 won at a market price) processed from G, a stock company located in F, to the rise of U.S. mountain, and provided the customers of the said cafeteria with the consent of the Defendant, and indicated the indication of origin in the indication of origin as “dub and net: United States (U.S.)”.

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

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by H and I;

1. On-site photographs for evidence;

1. Application of Acts and subordinate statutes to report on investigation (specific amount of violation);

1. Article 14(1) and Article 6(2)1 of the Act on the Indication of Origin of Agricultural Products subject to the Punishment and the Selection of a fine (see, e.g., Supreme Court Decision 2009Da1248, Apr. 1, 2009) concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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