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(영문) 전주지방법원 군산지원 2017.01.18 2016고정563
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who reports the general restaurant business in the name of “C” in Gunsan-si B and operates the said restaurant.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

The defendant from around May 13, 2016 to the same year.

8. By the end of 25.2, in E located in U.S.D., purchase KRW 616,850, and KRW 598,650,00 of Australia beef 47.45km and KRW 598,650 of Australia beef 15.35km.

The Defendant, during the same period of time, prepared “C Refrigerated Co., Ltd.,” and “Mad Co., Ltd.,” using 60.8km and Mad Co., Ltd., and indicated that the Defendant provided them to many and unspecified customers, thereby falsely indicated the origin indication column of the Qua New Co., Ltd. in the column for indicating the origin of the Qua New Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the details of the detection and photographs of the detection;

1. A statement prepared by the F;

1. C-Sales status and details of transactions by item;

1. Application of Acts and subordinate statutes on investigation reports (specific details of violations);

1. Relevant Article 15 of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on the Selection of Origin of Agricultural and Fishery Products (excluding punishment) concerning facts constituting an offense;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) that the Defendant recognized the crime and repents the wrong fact while recognizing the crime; and (b) that the first offender is the first offender; (c) although the crime of this case is deemed necessary in light of the legislative purpose of the Act on Origin Labeling of Agricultural and Fishery Products for the purpose of protecting producers and consumers by guaranteeing consumers’ right to know by allowing a reasonable indication of origin; and (d) inducing fair trade, the Defendant sold a small machine with the country of origin falsely expressed for more than three months; and (e) the amount equivalent to the relevant sales.

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