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(영문) 서울서부지방법원 2016.02.18 2016고단22
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in Jongno-gu Seoul Metropolitan Government, which sells ridges, etc. in Jongno-gu.

A person who sells or provides agricultural and fishery products or products processed therefrom after cooking shall not make a false indication of the place of origin (including the kinds of meat in the case of beef) or make a false indication likely to cause confusion as to such products.

Nevertheless, the Defendant, while selling a ridge, etc. which was prepared in Han-ro, to the extent that it is difficult for the Defendant to operate a restaurant, had the materials changed to the United States mountain, etc., but had been displayed on the tea table by continuously displaying it as a single line.

From March 6, 2014 to October 7, 2015, the Defendant purchased small and medium cowss (domestic mountain village, U.S. mountain village, Australia mountain), hot water supply (Korean mountain village, Canadian mountain), small and medium power lines (Korean mountain village, milch, U.S. mountain, and Australia mountain), etc., and cooked and sold them, and indicated the country of origin in the instant “C” restaurant, and prepared and sold them as “Korea-Japan,” and indicated it in the tea table as “Korea-Japan,” while Do governor did so.

As above, Defendant sold 217,365,00 won between the ridges and sugars at the market price by using false or misleading marks that may cause confusion with the country of origin.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. On-site evidence and photographs;

1. Detailed statement of transactions;

1. Application of Acts and subordinate statutes to each investigation report (the securing of heads of transaction partners for beef purchase, the aggregate report on the purchase of beef, the details of purchase of beef and the report on the modification of the quantity of beef sold, specific

1. Relevant Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on the Selection of Place of Origin of Agricultural and Fishery Products (or Imprisonment), concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. is the same.

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