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(영문) 전주지방법원 남원지원 2015.07.21 2015고정37
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

The Defendant is a person who operates a restaurant under the trade name of “C” located in Namwon-si.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

Nevertheless, during the period from September 4, 2013 to January 19, 2015, the Defendant purchased 35 knife Kim 35 knife Kim 350 knife Kim in China at the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection;

1. On-site detection photographs;

1. Business registration certificate;

1. Investigation reports (Securing the current status of transactions), and application of Acts and subordinate statutes to investigation reports (specific reports on quantity in violation);

1. Relevant Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishment for Criminal Facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant is both starting to commit the instant crime and is against the defendant, and that the defendant has no specific criminal power in addition to the previous conviction of a fine for one time, is favorable to the defendant.

However, the act of false indication of origin, such as the crime of this case, requires strict punishment of social harm, such as infringing consumers' right food choice and trust, and impairing the sound distribution order of agricultural products, etc., and the period of the crime of this case is not shorter than the period, and the transfer of Chinese kimchi provided by the defendant is 34 km.

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