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(영문) 서울서부지방법원 2016.12.16 2016고정1387
농수산물의원산지표시에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of C from the second floor in Jung-gu Seoul Metropolitan Government.

A person who prepares, sells or provides agricultural and fishery products or the processed products thereof shall not make a false indication of the place of origin (in the case of decline, including the kinds of meat) or make a false indication that may cause confusion as to such products.

1. From January 2, 2015 to November 19, 2015, the Defendant: (a) indicated in the above C, that from around January 2, 2015, to around November 19, 2015, the Defendant sold approximately KRW 1,387k mh to the “vehion rhymhym rhym rhym rhym rhym rhym rym rhym rym rhym rym rhym rhym r.; and (b) indicated in the package on the rym rhym rhym rhym rym rhym rym rym rym sym sym sym sym sym

2. From December 11, 2014 to November 17, 2015, the Defendant, who violated the country of origin labeling on the Canadian swine Gabs, sold the said C-C-, purchase from E located in Yeonsu-gu Incheon, for KRW 76 (10 per factorings) of the Canadian swine Gabs purchased from E located in Yeonsu-gu Incheon, in the amount of KRW 9 million, the Defendant indicated the country of origin on the Canadian New Markets as “domestic acid”, thereby making a false indication of origin labeling.

Summary of Evidence

1. Defendant's legal statement;

1. Each list of dates of purchase, and the president of each customer;

1. Application of Acts and subordinate statutes to photographs showing places of origin;

1. Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products concerning facts constituting an offense;

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;

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