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(영문) 대전지방법원 2014.11.27 2014고정1667
농수산물의원산지표시에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who actually operates a mutual general restaurant in Seo-gu Daejeon, Seo-gu.

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.

From April 23, 2013 to March 5, 2014, the Defendant sold food in Daejeon-gu, Daejeon, for 12,000 won per 12,00gg in Korea, and attached the phrase “I use only domestic food” to “I use Kimchi,” and attached the phrase “I use only domestic food,” to “I use 1,064 won per 38 straw, five thousand won per 342 minutes per 1,00 per 1,00 per 1,00 per 20,000 per 1, 200,000 won per 20,000 won per 20,000 won per 1, and attached the phrase “I use it as Kimchi,” to the domestic food bulletin board, and attached the phrase “I use it as Kimchi,” to “I use it as Kimchi,” and attached the phrase “I use it as Kimchi in Korea.”

Accordingly, the defendant made an indication that could cause confusion with the country of origin labeling.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the details of detection, a report on investigation (the details of purchase of domestic culture-based kimchi), and a report on investigation results (specific quantity in violation);

1. Application of statutes on site photographs;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant who is the primary offender, confessions, and is in depth against the order of provisional payment.

In addition, it is judged that the risk of recidivism is low by changing the origin labeling after the crime.

In this context, considering all the circumstances such as the defendant's age, character and conduct, health, and circumstances after the crime, the punishment is determined as ordered.

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