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(영문) 전주지방법원 2018.05.24 2018고정124
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant is a person who operates a general restaurant in the name of “D cafeteria” located in Seojin-gu Seoul Metropolitan City.

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.

From February 26, 2015 to September 18, 2017, the Defendant purchased KRW 11,320,000 from the F seeds located in Chungcheongnam-gu, Jeonjin-gu, Jeondong-gu, Seoul to KRW 11,320,00 of the Chinese red molds powder 1,320,00. From May 28, 2015 to September 13, 2016, the Defendant purchased KRW 626.76 km from H located in Jeonjin-gu, Jeonjin-gu, Jeondong-gu, Seoul to KRW 5,050,096, KRW 331.99 g 3,260,864, respectively, from around July 2017 to around September 28, 2017.

9. Until December 25, 200, Songcheon-dong Agricultural and Fishery Products purchased KRW 50 km 495,000 from an enterprise that could not know the trade name near each market.

Defendant

If he/she prepared and provided the red powder purchased as above for bottom side by cooking the red powder with the red cover powder, and prepared and provided it to many unspecified visitors visiting the "D cafeteria," such as the United States, etc., the place of origin was indicated as "Jeinguy powder: Chinese or Chinese quark Kim (Korean country)," and "Pugum powder (Korean country): Imported mountain or Netherlands, Austria, Austria, United States, Qugu, and Germany." However, even though the origin indication of the red cover powder and pigs in "D cafeteria" at "D cafeteria," the place of origin indication for the red cover powder and swine machine, such as the United States, was indicated as "domestic acid," "greguing (Korean red cover powder)," "greguing, domestic acid," "breguing, domestic swine," or "domination," or "domination, domestic swine," the place of origin indication was indicated as "domination," or likely to be confused.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the details of the detection, a written confirmation, and a photograph of the detection site;

1. The investigation report (in the middle of Korea, red paper powder;

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