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(영문) 서울서부지방법원 2017.09.14 2017고정656
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operated a general restaurant in the name of Yeongdeungpo-gu Seoul Metropolitan Government and 212 from August 27, 2011 to June 9, 2017.

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.

Nevertheless, from November 15, 2016 to January 12, 2017, the Defendant purchased the instant restaurant, from D, China-China Kim & Kim 60kg in Korea, and used it to make a so-called “suping soup of 293 persons in money,” and sold approximately KRW 2.94,00 to customers, the Defendant indicated the country of origin on the so-called “absup of sup of sup of 393 persons” on the so-called “domestic origin: domestic origin and red powder: domestic origin,” thereby making it difficult for the Defendant to confuse the country of origin of kimchi that is used in the “bup of suping of sup of sup of sup.”

Summary of Evidence

1. A protocol concerning the examination of suspect by a special judicial police officer against the defendant;

1. Evidence photographs of the detection site, investigation reports (including details of the purchase of domestic Chinese quachi), details of the transaction of C cafeteria Mimchi, specifications of D submitted transaction, details of sales by C cafeteria Newcom, investigation reports (specific quantity of violation) and the application of Acts and subordinate statutes;

1. Relevant Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 15 and 6(2)1 of the former Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016) and the selection of fines for criminal facts

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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