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(영문) 대전지방법원 2015.10.29 2015고단2775
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, a general restaurant, is a person operating a “G cafeteria” in the Gu F, such as the “E cafeteria” located in Daejeon Seo-gu D.

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

Nevertheless, the defendant

1. From July 15, 2014 to March 3, 2015, after cooking and selling Belgium, the total market value of which is equivalent to KRW 77 million in Belgium, swine 11749.8kg, etc. in the above cafeteria, the country of origin of the swine machine in the Qua New Market shall be indicated as “domestic acid and Belgium,” and the country of origin of the swine machine in the same place from September 12, 2014 to March 3, 2015, is marked as “domestic acid”, and the country of origin of the swine machine shall be marked as “catch, Belgium,” and it shall be marked as likely to cause confusion or confusion as to the country of origin, such as indicating the country of origin of the pigs in Korea, as “domestic acid,” and it shall be sold from September 12, 2014 to March 3, 2015 of the market price.

2. From September 1, 2014 to March 3, 2015, at the above G cafeteria, approximately approximately KRW 67 million of the market value of the G cafeteria was cooked and sold in Scenic, etc. with approximately KRW 10,087k of Scenic, etc., and the country of origin of swine on the Meapmark was marked as “domestic acid and Becin acid” and thus, there was an indication that the country of origin of swine is likely to cause confusion as to the country of origin, such as indicating it as “domestic acid and Becin acid.”

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Each specification of transactions;

1. Application of Acts and subordinate statutes to each investigation report (No. 15, 17, 25, 26)

1. Relevant Article on criminal facts and Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products elective for Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an initial crime, the period of crime, and the period of crime, in which the crime of this case is committed, by undermining the sound distribution order of agricultural products and undermining consumer confidence.

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