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(영문) 대전지방법원 2014.05.15 2014고단774
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant D in the medium-term exhibition district C.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall make a false indication of the place of origin or make an indication likely to cause confusion as to such products.

Nevertheless, from November 23, 2012 to January 8, 2014, the Defendant purchased bruic acid 6,340 g 6,200 g for 26,628,00 won per kilogram, from F in the U.S. M. E, the Defendant indicated that the Defendant sold 6,900 won per unit of 34,90 won for 34,196,40 won in packing materials in the central part of the packing materials and indicated “the country of origin - bruc acid” on the part of the packing materials as “the country of origin - bruc acid.”

As a result, the Defendant indicated the origin as “domestic origin” and “brudic acid” with the brudic Republic of Korea as the brudic Republic of Korea, and sold to the general consumers.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs violating the country of origin labeling;

1. Application of Acts and subordinate statutes to the details of transactions in the brush, crush, crush, and a report on investigation (specific quantity in violation of net tonnage);

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are the defendants who were first offenders, have some circumstances to be considered, confessions and reflects the depth of the sentencing, and the quantity and sale period of the hybrid chiller purchased, and other circumstances that form conditions for sentencing, such as the defendant's age, character and conduct, environment, circumstances of the crime, means and consequence, etc., shall be determined as indicated in the order.

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