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(영문) 대전지방법원 홍성지원 2013.10.30 2013고정280
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of "C" in Hongsung-gun B, and a person who cooks and sells agricultural products or processed agricultural products shall not make a false indication of the place of origin or make a false indication of the risk of confusion.

On November 15, 2012 and December 28, 2012, the Defendant purchased from “E” located in Sinpo-si, Sinpo-si (hereinafter “E”), a 135km (a equivalent to KRW 540,000, KRW 400/km) multiplied by Australiasan. On January 2013, 2013, the Defendant purchased from “G fixed land stores” located in the “Gunpo-si, Chungcheongnam-si, Hongsung-si, and purchased a total of KRW 144km (a equivalent to KRW 580,00) multiplied by Australia.

From November 15, 2012 to February 6, 2013, the Defendant added approximately 100 g by multiplying the inner sugar by Australia, prepared to make the inner sugar, and sold a total of KRW 1,410 per person portion to general customers at a business establishment (a total of KRW 11,280,000). Notwithstanding the fact that the Defendant prepared the inner sugar by using only the domestic window, not by using the domestic window, and instead by using the indoor window, the Defendant displayed a mark of risk of confusion with the country of origin at the lower end of “Seksan” and at the same end of “Sejusan”.

In addition, the left-hand side of the Qua New Market indicated in a large letter as follows: “I will prepare domestically well-known and saccines in order to provide saccines,” and “I will provide saccines after directly cooking and giving saccines” on the outer glass wall of the establishment, and indicated as if I will use domestic acids, and the inside sugar ordered by customers who find the establishment was stored in the main room of the establishment in order to sell approximately 3kgg of Australia for the same purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A statement of detection;

1. On-site photographs violating the country of origin;

1. Copy of business registration certificate;

1. Application of statutes to a copy of a business report;

1. Criminal facts;

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