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(영문) 서울남부지방법원 2018.01.23 2017고단5554
농수산물의원산지표시에관한법률위반
Text

1. The defendant shall be punished by imprisonment for a period of four months and a fine of seven million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who conducts a general restaurant business in the name of "C" in Yangcheon-gu Seoul Metropolitan Government.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking them shall not prepare, sell or provide agricultural and fishery products or the processed products thereof with a different country of origin labeled, mixed with the same agricultural and fishery products or the processed products thereof with different country of origin.

Nevertheless, the Defendant, from August 2015 to July 18, 2017, is able to do so in the above C restaurant, and from the restaurant to the restaurant’s inside mer new plate, the Defendant is able to do so in the Republic of Korea.

“The country of origin sign” indicated as “the country of origin sign” and indicated as “the country of origin sign,” and sold sugar (a total of KRW 864,00,000,000) prepared by mixing China 3,892km and 1:2% of it with the country of origin; and

Accordingly, the Defendant prepared and sold agricultural and fishery products or processed products with the country of origin labeling mixed with the same agricultural and fishery products or processed products.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs related to the false indication of origin;

1. A copy of an investigation report, a self-statement, a voluntary submitting statement, or an electronic invoice;

1. The application of Acts and subordinate statutes on the investigation report (calculated of the supplied amount) and the details of care supplied to C;

1. Relevant Article 14 (1) and Article 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products (generally, imprisonment with prison labor and fines) concerning facts constituting an offense and Articles 14 (2) and 6 (2) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. It is highly likely that the amount of care sold under the condition that the original place of the sentencing of Article 334(1) of the Criminal Procedure Act was falsely indicated as the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, and that the Defendant’s restaurant’s trust has been extended for a long time.

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