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(영문) 수원지방법원 성남지원 2017.07.05 2017고정670
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant “C” in Sungnam-gu, Jungnam-gu.

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, from August 11, 2016 to September 9, 2016, the Defendant purchased 4,100 won per kg from 124 business Gaz 312, Sungnam-si Gaz, 312, and sold 46 items to unspecified consumers for the same period of time by falsely indicating the origin of the 58.88km (541,408 won) at a restaurant and indicating the origin of the 46 items ( approximately KRW 598,000) at a domestic point of origin. Around September 14:20, 2016, the Defendant displayed 3 items (4,520,000 won) of the United States of America, which was prepared as a foreign swine satisfied, to display the above 4,100 won at a domestic shop.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the detection;

1. Evidence photographs;

1. Application of investigation reports (the details of purchase of foreign pigs and pigs) Acts and subordinate statutes;

1. Articles 15 and 6(2)1 of the former Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016); the choice of a fine [the amount of a fine for a summary order shall be reduced somewhat by taking into account the facts constituting an offense, such as the fact that he/she has no criminal record of the same type; the sale quantity of satisfaction with a false indication; the period of false indication; etc.];

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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