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(영문) 전주지방법원 2017.08.18 2017고정410
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 under the trade name of “C” in Yansan-gu, Jeonju-si B.

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.

Nevertheless, from July 11, 2016 to January 10, 2017, the Defendant purchased 116,000 gh in the total of KRW 116,000 in Korea and China, and provided it to many unspecified visitors who visited a restaurant for the same purpose, and kept the country of origin on the country of origin display inside the restaurant for the same purpose, and made a false indication of origin by stating it as "domestic mountain, Chinese quachi: Korean quachi: domestic acid."

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the detection;

1. Evidence and photographs of violations on the spot;

1. Investigation report (specific report on details of purchase of efimchi);

1. A list of transaction dates compiled by transaction partners;

1. Application of a copy of business registration certificate;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the former Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the following factors: the amount of kimchi sold by the defendant with the false indication of origin; the defendant’s age, sex, environment, motive, means and consequence of the crime; and the sentencing conditions of Article 51 of the Criminal Act stated in the records of this case, such as the circumstances after the crime, etc., shall be determined as ordered by comprehensively taking account of the following factors:

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