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(영문) 부산지방법원 2013.06.13 2013고정1759
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall make a false indication of the place of origin or make an indication likely to cause confusion as to such products.

Nevertheless, from June 1, 2012 to September 24, 2012, the Defendant purchased at KRW 2,744,116 of the U.S. swine 268.32km from the company located in Suwon-gu, Busan, for KRW 4,462,840, respectively, for KRW 525 km in Germany and Belgium-do, for KRW 4,462,840, respectively, the Defendant’s operation of the Defendant in Suwon-gu, Busan. The Defendant’s “E restaurant” indicated the country of origin of the lead-in and the country of origin of the lead-in pigs in Korea. For the same period, the Defendant discovered KRW 7,00,00 per 150,000 per 150,000,000 per 150,000,000 per 7,000,000 per 7,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Data to arrange the details of transactions with E-cafeterias by item, such as photographs on the scene of the violation, copies of business notification certificates, copies of business registration certificates, printed materials of details of transactions, and details of transactions from C Company to E-cafeterias;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for 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 provides for the imposition of imprisonment with labor for not more than seven years or with a fine not exceeding KRW 100 million due to such violation in order to ensure the public interest, such as citizens' trust in food and safety, by inducing the accurate indication of the origin of agricultural and fishery products on the grounds of sentencing under Article 334(1) of the Provisional Payment Order.

However, the defendant does not have the same criminal record.

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