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(영문) 수원지방법원 안양지원 2018.11.22 2018고단1498
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant in the name of “C” in the Gu of Ansan-si.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

Nevertheless, Defendant: (a) sold to customers visiting the above restaurant from December 29, 2016 to August 7, 2018, approximately KRW 1,016 km ( approximately KRW 67,056,000 of the sales price) by mixing the above restaurant with the domestic friend window and the American friend window; and (b) sold approximately KRW 27 km ($ 1,836,000 of the sales price) by the domestic friend space; and (c) sold approximately 10% of the domestic friend space by mixing the domestic friend space by the domestic friend box and the American friend space; (d) from July 23, 2018 to August 7, 2018, the number of customers visiting the above restaurant with the domestic friend space multiplied with the domestic friend space multiplied by 10%.

The phrase “Chova, U.S.,” and indicated “Chova and U.S.,” as a very small letter only at the bottom of the Han Jack-gu’s establishment.

As a result, the Defendant sold a domestic and U.S. colony and U.S. colony and sold a Korean colony and a U.S. colon, together with a Chinese colon, and displayed a mark that could lead to confusion as if the Defendant sold only a Korean coar and a Chinese coar with a Chinese coar.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the criminal place;

1. On-site evidence and photographs;

1. Application of the Customer Director Act

1. Article 14 (1) and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products concerning the facts constituting the relevant crime (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1

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