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(영문) 서울서부지방법원 2015.10.29 2015고단1254
농수산물의원산지표시에관한법률위반
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name “D” in Jung-gu Seoul Metropolitan Government.

A person who prepares and sells agricultural and fishery products or the processed products thereof shall not make a false indication of the place of origin or make an indication that may cause confusion as to such products.

1. From January 2015 to March 26, 2015, the Defendant purchased 180 km of the U.S. rice from companies from which the name is unknown, and sold 1,700 km of the Korean swine 2,833 persons’ total market price of 19,831,000 (one man-minute 7,000) prepared and cooked the said rice, and falsely indicated the origin of rice on the wall of the inner wall of the restaurant as “domestic acid”.

2. From January 2015 to March 26, 2015, the Defendant purchased at the above D restaurant, from Emart to KRW 117,00,00, a total of KRW 117,300,00 for Korean Chinese Chinese Chinese Chinese Emchi, and provided support, and indicated the origin of kimchi at the inner wall of the restaurant as “domestic origin” at that place.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes governing evidence photographs of the violator;

1. Relevant Articles 15 and 6 (2) 1 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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a situation unfavorable to the defendant, where the defendant falsely indicated the place of origin of food materials while operating a restaurant and provided them to customers, and there is a need to severely punish them with severe social harm, such as infringing the consumer’s right of choice and trust, and impairing sound distribution order.

On the other hand, the defendant does not repeat again while he did not have criminal records and reflects his wrongs.

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