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(영문) 광주지방법원순천지원 2020.08.13 2020고단1040
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a "C cafeteria" in the Gumnam-gun B.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

Nevertheless, from January 201 to October 10, 2020, the Defendant purchased a sum of 3,370.4 km 3,370.4 km and sold the said restaurant by cooking and selling salt stuffs, etc. equivalent to a total of 150,882,160 won from the said restaurant, the Defendant indicated the place of origin on the cafeteria inside the restaurant as “chloat (Sloatsan and Domestic Products)” and indicated at the bottom of the Meapmon, “I will handle only domestic products,” thereby making it possible to confuse the country of origin.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs (Ccafeterias);

1. Investigation report (specific report on quantity in violation), and calculation of quantity in violation;

1. Application of Acts and subordinate statutes in detail (Ccafeteria) of the Director of the Sales Center in 2017, 2018, and 2018;

1. Article 14 (1) and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Imprisonment with prison labor for facts constituting an offense and for the selection of punishment;

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Article 62(1) of the Republic of Korea (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 201); 201.)

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