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(영문) 서울중앙지방법원 2017.08.22 2017고정220
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

Nevertheless, on May 16, 2016, the Defendant partly corrected the facts charged to the extent that it does not interfere with the Defendant’s exercise of the right of defense, based on each evidence duly adopted and investigated by this Court.

Despite the fact that the country of origin is Korea as a material for domestic products (rice, kimchi, and red powder) at the D restaurant operated by the defendant in Seongbuk-gu Seoul Metropolitan Government, and even though it is a franchi franchi, which is a material for cooking, selling, and providing at that place, the country of origin is only used.

The purpose of this paper is to clarify the origin of the beef, which is the U.S. and to indicate that it might cause confusion as to the origin of the beef, which is the material of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police for E;

1. The defendant's certificate;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to evidence photographs, copies of business registration certificate, the commissioner of a customer, and the ex-factory;

1. Article 15 and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016) applicable to the relevant criminal facts and Articles 15 and 6 (2) 1 of the former Agricultural and Fishery Products subject to the option of punishment (elective of penalty)

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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