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(영문) 서울서부지방법원 2017.08.18 2017고정343
농수산물의원산지표시에관한법률위반
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name “D” in Mapo-gu Seoul Metropolitan Government.

From August 1, 2016 to October 18, 2016, the Defendant purchased KRW 228,000 from “F” located in Mapo-gu Seoul Metropolitan Government to purchase KRW 190 km for domestic Chinese traditional kimchi in KRW 228,00, and during the same period, the Defendant provided the above restaurant to unspecified consumers who found the above restaurant, and indicated the origin as “kim: Domestic Products and China” and indicated that it is likely to cause confusion with the country of origin.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A copy of investigation report, investigation of details of purchase of fachi, and details of transactions;

1. Application of each statute on photographs;

1. 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);

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Consideration, such as the first offense for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that agricultural and fishery products subject to origin labeling are offered only for supporting purposes;

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