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(영문) 대전지방법원 2013.04.24 2013고정478
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

A person who cooks and sells or provides agricultural and fishery products or the processed products thereof shall not place a false mark of origin, or place a mark likely to cause confusion as such.

Nevertheless, from August 8, 2012 to January 4, 2013, the Defendant: (a) purchased 106 gambling 106 g in Korea from China to 13,000 won per gambling; and (b) marked the origin of spacchi on the bulletin board, etc. on the ground that he sold 1,035 gg by making up for so doing so so as to make 1,035 g of fake kimchi in Korea among the purchased above, and (c) kept approximately 25 kgg in Korea to sell and provide them as above.

As a result, the defendant, while selling and providing Chinese traditional kimchi, has falsely indicated the origin of Korean traditional kimchi as a domestic product.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection;

1. Application of statutes on field photographs;

1. Relevant Articles 15 and 6 (2) 2 of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishment for Criminal Facts;

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

1. In light of the period of sale and the amount of sale, etc. of the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act, considering the fact that the defendant is the initial offender, the sentence like the order is inevitable even if considering the circumstances of the crime, etc.

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