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(영문) 광주지방법원 순천지원 2017.04.20 2017고정23
농수산물의원산지표시에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant operated a general restaurant in the name of “D” in the name of “D” at all times.

No person shall make a false indication of origin.

Nevertheless, from April 14, 2016 to August 9, 2016, the Defendant purchased 550 kg of Brasan Sck for the said restaurant, and provided and sold it as a brush by cooking the above bruic cucker from the above restaurant to August 11, 2016, and, in selling it as a chill, sold the country of origin of chiller in the restaurant by stating that “the country of origin of chiller in the restaurant: Korean mountain, and Korean mountain: Korean mountain: 2,02 kbg market price of 2,203.2k to sell it, and around August 17, 2016, the Defendant kept 40 kg in the said restaurant in order to sell it as above in the said way.

Summary of Evidence

1. Statement by the defendant in court;

1. Ten copies, respectively, of the investigation report (inspection of the details of transactions in the Brazilic chillite), the director of the customer department, facsimile, and copies;

1. Application of statutes on examination of evidence at the scene of violation;

1. Article 14 and Article 6 (1) of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Fines concerning facts constituting an offense, and Articles 14 and 6 (1) of the same Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is not somewhat liable in light of the period and scale in which the accused falsely indicates the country of origin.

However, the above restaurant was closed and there was no risk of recidivism, and the sentencing conditions such as the defendant's age, economic environment, etc. were determined as a fine like the order.

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