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(영문) 서울서부지방법원 2014.11.13 2014고정1689
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C”, which is a general restaurant, with a kitchen cooking facility and 12 tables inside one guest room and guest room, in a place of business with 156 square meters in Seodaemun-gu Seoul Metropolitan Government 2 underground floor.

No person shall make a false indication of origin or make an indication which may cause confusion as to the origin.

1. Nevertheless, the Defendant violated the Act on Origin Labeling of Agricultural and Fishery Products by purchasing 54 km in Brazil and 12 km in 253,000, and 112,000 won in each of the 253,000 won in the U.S., and using it as a material for a short-term motor vehicle and a horse, thereby falsely marking the country of origin of the chickens in Korea. From June 25, 2013 to March 25, 2014, the Defendant violated the Act on Origin Labeling of Agricultural and Fishery Products by raising sales of 2,90,000 won in total.

2. The Defendant purchased 80 kg of domestic rice used to cook rorobed, and prepared and sold rice mixed with domestic rice 1:2, and sold rice, and sold 267,000 won from March 13, 2014 to March 25, 2014, thereby violating the Act on Origin Labeling of Agricultural and Fishery Products.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Evidentiary photographs of violated business places;

1. Detailed statement of transactions, and accounting books on sales;

1. Application of Acts and subordinate statutes to investigation reports (survey of sales details and preparation of crime list), investigation reports (The details of purchase of domestically produced rice and investigation of sales amount for roasting rice).

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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