Text
The punishment of a defendant shall be KRW 1,000,000.
When a fine is to be paid, it shall be confined in a workhouse for ten days.
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 country of origin or make an indication that may cause confusion therewith.
The Defendant is a person who operates a general restaurant called “Ccafeteria” in the Jeon-gun, Jeonbuk-gun, North Korea. From July 5, 2017 to July 24, 2019, the Defendant: (a) provided a Korean traditional kimchi 1,650km (the level of KRW 1,680,650) purchased from the K-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, to the customers of the restaurant, and (b) indicated that “Sequ Kim will use it only within the territory of Korea,” and (c) stored 10 km of Korean traditional kimchi with the aim of providing it.
The defendant made such a false indication of origin, and kept the ship-kimchi with a false indication of origin for the purpose of selling.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the criminal place;
1. Investigation reports (verification of details of purchase of domestic culture-related kimchi), and application of Acts and subordinate statutes (specific details of violation of domestic culture-related kimchi);
1. Articles 14 (1), 6 (2) 1 and 6 (2) 2 of the Act on Origin Labeling of Agricultural and Fishery Products under the Criminal Act;
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;