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(영문) 광주지방법원 2016.03.03 2015고단4347
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months, and fine of ten thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant of “F” in Gwangju Mine-gu E.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall make a false indication of the place of origin or make an indication likely to cause confusion as to such products.

Nevertheless, from September 201 to June 9, 2015, the Defendant: (a) prepared and sold salt, etc. from F to June 9, 2015; and (b) sold approximately KRW 1,371,00,000 by mixing the domestic salt pansium with approximately 110g, and approximately 40g, Australia salt pansium; and (c) written as “7:3” the domestic salt pansium and the family salt pansium as “3:7,000,000.” However, according to the Defendant’s written statement of the interrogation of the suspect by the Prosecutor’s Office (Evidence 1252 pages of evidence record), it is evident that it is a clerical error in “37:7.”

In providing a mixture, I sell a domestic black salt in the notice board of origin in the restaurant “I sell a domestic black salt in the low-scar establishment.”

In the lower end of the Qua New Markets, the lower part of the said Table indicated as “Gemansan,” “Domestic Products: 50% of Australia, and 50% of domestic black salt,” and that “A high-tech black salt will only be treated on the side of its windows for 18 to 24 months.”

“.......”

Accordingly, the Defendant falsely indicated the origin of black salt and internal organs.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records and list of seizure;

1. Investigation report (investigation of the details of domestic black salt transactions, analysis of the details of monthly/place of origin purchase of black salt, inspection of the details of sales of black salt, analysis of sales of black salt, analysis of sales of petroleum products compared to the quantity of meat purchased, investigation of the quantity of petroleum gas purchased in Australia, verification of additional purchase of base salt, and specific quantity of the violated quantity);

1. A detailed statement on sales by term;

1. Each transaction statement, each account statement, each transaction statement, each account statement, each account book, each statement of automatically entering and withdrawing cash, sales status by each product, the place of business, the place of business, the head of the Tong, the head of the business, and a copy of each business report.

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