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(영문) 제주지방법원 2015.01.22 2014고정1031
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From May 2010, the Defendant operated a “D” restaurant (31.5 square meters, general restaurants) located in the Jeju apartment shopping mall from May 201.

Where a person who operates food service business sells or provides agricultural and fishery products or the processed products thereof prescribed by Presidential Decree (including cases where he/she keeps or displays such products for the purpose of selling or providing them after cooking), he/she shall place a mark of origin on the raw materials of such agricultural and fishery products or processed products, and shall not place a false mark of origin or place a mark likely to cause confusion therewith.

Nevertheless, from June 2, 2014 to July 14, 2014, the Defendant purchased 100 km from “F” located in Jeju Island, and sold it as Spain New Airport (the purchase price of 3.50,000 won) and puts an indication of the origin of the Spain as “domestic acid-Spain,” which might lead to confusion between the origin of the Spain and its origin. In addition, the Defendant purchased 150 km from “G” located in Jeju Island from June 10, 2014 to July 14, 2014 (the purchase price of 187,500 won) and indicated 150 km in Korea to customers as “in order to cause confusion with the domestic origin of kimchi,” and marked 10 g and granchi as “in order to cause confusion with the domestic origin of kimchi,” and marked 150 granchi as vechi.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an investigation report, results of implementing an order to indicate the place of origin, a report on an investigation (verification of evidence on the scene of a violation), a report on investigation (verification of transaction data on the Spanish Spanish swine), a report on investigation (verification of transaction data on domestic products and kimchi), and a report on investigation (specific period and quantity of violation);

1. Relevant criminal facts: Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products;

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

1. Provisional payment order:

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