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(영문) 대구지방법원 포항지원 2015.09.23 2015고정300
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of one 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 builds fishery products under the trade name called Nam-gu B at port and carries out a mail order on the wholesale, retail and Internet.

A person who produces, processes and ships agricultural and fishery products or the processed products thereof prescribed by Presidential Decree, or stores and displays such products for the purpose of sale (including mail order sale) or sale shall indicate the country of origin, and no person shall make a false indication of the country of origin or make an indication that may cause confusion therewith.

Nevertheless, the defendant reported a communications sales business in the name of C (D and E) from October 8, 2008, and the same year from February 10, 2015.

5. By the end of 22.2, 193 193 Dump sold 193 Dump, with a mark of 10,000 per 1 20 Dunsan (20 ma) in the country, which can lead to confusion between the gynsan and the Republic of Korea.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. C’s homepage sales site (in the case of this case, but the origin of butts is smooth, it is sufficiently likely that the consumer misperts the origin of butts as a domestic origin or any of the two places may not be identified as the origin in the origin on the website (in the case of entries in the country, the origin of butts may not be known as a domestic origin). Thus, even if the origin was entered in the original mountain, it constitutes “an act of falsely indicating the origin or making an indication likely to cause confusion as to the origin” prohibited under Article 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products.

In addition, the above confusion is caused in light of the fact that the defendant made a statement that the defendant tried to accurately express the image of the original production, which is the importation of the original production, as well as the circumstance in which the defendant added the domestic indication to the investigative agency.

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