Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding five million won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
The Defendant is a person who operates a general restaurant in the name of “C” in the name of “C,” and in the name of “E,” in Seoul Special Metropolitan City, Gwanak-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.
A. The Defendant from January 19, 2016 to the same year.
5. By the end of 20.20, after purchasing 2,302.875 km, such as murdering the bones of Chile, from the above “C,” and cooking it, selling to customers the meals equivalent to KRW 108,915,932, a false indication was made in the indication column of origin in the above restaurant.
B. The Defendant from April 2, 2016 to the same year.
5. Until October 20, after purchasing 1,030.875 km, such as the bones of Chile, from the above “E,” and cooking it, sold to customers the meals equivalent to KRW 60,180,880,00. However, in the indication column of origin of the above restaurant, false indication was made in the “domestic acid”.
Accordingly, the Defendant purchased and cooked a total of 3,33.75 km, and sold meals equivalent to KRW 169,096,812, and indicated the origin of the said money in a false manner.
Summary of Evidence
1. Defendant's legal statement;
1. Evidence photographs and photographs of the enterprise violating the country of origin;
1. Business registration certificate and business report certificate;
1. Three copies of the Customer Director, the specific quantity of violation, the details of sales by Category C, and the application of Acts and subordinate statutes on sales by Category EM Newcom;
1. Article 15 and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (Concurrent Imposition of Imprisonment and fines) for the relevant criminal facts and the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 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 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The basic area ( October to 2 years) of types 2 (general types) and false labelling scope of recommendation types;
2. Determination of sentence;