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(영문) 춘천지방법원 원주지원 2020.06.12 2020고정54
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 “C cafeteria” in the original city B.

No one shall place a false mark of origin or make an indication likely to cause confusion as such.

Nevertheless, from June 13, 2017 to July 30, 2019, the Defendant purchased a Korean distribution of approximately KRW 1,539,740 in China from customers D, and around that time, the Defendant made a false indication of origin by stating it as “gimchi domestic production” on a mark of origin kept in the restaurant, even though it was provided to the customers who found the above restaurant for roasting and anti-concing purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning the details of detection, evidence photographs, domestic distribution of cafeterias among cafeterias, and details of the purchase of kimchi;

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

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

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the amount of fine prescribed in the summary order cannot be deemed unfair, and the amount of fine shall be maintained as it is, given that the reason for sentencing of the instant case is not reasonable.

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