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(영문) 춘천지방법원 2016.02.16 2015고정418
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

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

Nevertheless, from April 17, 2015 to July 14, 2015, the Defendant sold to an unspecified number of customers the “C” in the name of the Defendant’s “C” in Hongcheon-gun, Hongcheon-gun, the Defendant falsely marked the place of origin on the said restaurant Qua New-ro, stating that the “C” was a “domestic origin of the swine king of the Republic of Korea” in the said restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on investigation (verification of purchase of kings of pigs);

1. Application of Acts and subordinate statutes on photographs for evidence;

1. Articles 14 and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (excluding punishment) concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument is not intentionally belonging to the origin of the United States, but is so small that it has not been confirmed because it was too small to sell it to the Republic of Korea.

2. According to each of the above evidence, the country of origin is indicated as the imported acid in the swine king's packing paper purchased by the Defendant for sale, and the trade specifications issued by the trader also indicate its origin as the United States and Spanish acid. Nevertheless, according to the above facts acknowledged, the Defendant, even though having knowledge that the country of origin of the swine king was the imported acid, was falsely indicated as the domestic acid.

shall not be recognized.

Defendant’s assertion is not accepted.

It is a crime that sells food by deceiving the origin of the food in the food restaurant for the reason of sentencing, and such a crime requires a strict punishment that is directly connected to the health of the people.

Other amounts in violation of the country of origin labeling.

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