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(영문) 광주지방법원 2019.04.18 2018구합12411
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who runs an agricultural product wholesale and retail business with the trade name “C” in Seo-gu, Gwangju.

B. The Plaintiff, a dynamic, was indicted on February 29, 2016 on the charges of violating the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter “First violation of the Origin Labeling Act”), as follows, by the Gwangju District Court Decision 2016Da524, and the Plaintiff was sentenced to the suspension of indictment on the same date on the grounds of non-prosecution, such as “the Plaintiff’s act of running a mail-order company with his/her birth, while running the mail-order company with his/her birth” from the Gwangju District Prosecutors’ Office as to the same suspected crime. However, the Plaintiff was sentenced to the suspension of indictment on the following grounds of non-prosecution:

D along with the Plaintiff, the Plaintiff is an agricultural product mail order distributor operating the Internet website E’s domain name “F” and the domain name G’s “H”.

No person who sells or processes agricultural products requiring the labeling of origin shall make a false indication of origin or make a false indication of origin likely to cause confusion.

Nevertheless, D, in the office located in Seo-gu, Gwangju, from February 3, 2015 to October 8, 2015 with the Plaintiff, posted a false advertisement on the above Internet website, “SPJJ, Gyeong-gun, Gyeong-gun, Gyeong-gu, Gyeong-gu, Gyeong-gu, Gyeong-gu, Gyeong-gu, Gyeong-gu, Gyeong-gu, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri, Cheong-ri,

In the case of Cheongong-gun, the Ministry of Cheongong-gun expressed the origin falsely by posting a false advertisement to the effect that "the apology produced by 2,424 farmers in total in the discharge of the Cheongong-gun."

As a result, D in collusion with the plaintiff 162,698 total sum of 4,558 times during this period.

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