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(영문) 제주지방법원 2014.06.27 2014고정452
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

From around 201 to Jeju, the Defendant operated “Emart” in the name of his/her spouse D. A person who produces and processes, ships, sells, or stores and displays agricultural and fishery products or processed agricultural and fishery products prescribed by Presidential Decree for the purpose of selling or selling such products shall indicate the country of origin on the raw materials of such agricultural and fishery products or processed agricultural and fishery products, and no person shall make a false indication of the country of origin or make an indication likely to cause confusion, even though he/she did not do so falsely.

1. Around 13.13. Around the above, the country of origin was displayed for the sale of the Republic of Korea Plast 4 (432 g, approximately 1.7 g, per salary) in China, indicating the place of origin as “Empt,” and sold for KRW 19,600, in total, KRW 2,800 per salary, the country of origin was falsely indicated as “Empt.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation (or photographs of evidence on the scene of the violation), investigation report (the period, quantity and amount of the violation);

1. Relevant Articles 14 and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products; Selection of fines;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: A sentence shall be imposed as ordered in consideration of all the following circumstances with the reason for sentencing under Article 334(1) of the Criminal Procedure Act: Recognizing and reflecting the facts of the crime, the sales amount of agricultural products with country of origin labeling and the display amount thereof are not large, and there is no criminal record exceeding the same kind of criminal record or fine, and other matters shall be determined as ordered by the disposition for more reasons than above, such as circumstances of the crime, the defendant'

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