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(영문) 제주지방법원 2016.05.18 2016고정153
농수산물의원산지표시에관한법률위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is the person who is actually operated as the representative of CD (Telecommunications Sales Business) located in Jeju.

Agricultural and fishery products or the processed products thereof prescribed by Presidential Decree, are produced, processed, shipped, or sold (including mail orders).

A person who stores or displays agricultural and fishery products or processed agricultural and fishery products for sale shall indicate the country of origin on the raw materials of such products, and no person shall make a false indication of the country of origin or make a false indication or make an indication likely to cause confusion as to such products.

Nevertheless, on November 10, 2015, the Defendant sold Dameral rice, a mail order company located in Jeju-si, through the Internet, and indicated the origin of Mameral rice, which was made up of the Republic of Korea, as “in the country of origin,” on the top side of the price display, the Defendant sold Mameral rice, a mail order company located in Jeju-si, and sold Mameral rice, a total of 69 kilograms B, 8,378,00 won, without indicating that the Defendant would confuse the origin of Mameral rice, along with the phrase “ Jeju-si rice,” “Seoul-si, Jeju-si, and Mameral rice,” the Defendant sold Mameral rice, a total of 69 kilograms B,378,000 won.

However, (Evidence 13, 14) The Defendant indicated that “in the country of origin” on the top of the upper part of the D Internet homepage, the Defendant indicated “in the country of origin origin” on the top of the price display on the page of the D Internet homepage, me. The Defendant expressed the place of origin where me produces me, and there was no intention that the Defendant would cause consumers to confuse the origin of the raw materials of me in the name of raw materials and content column of meat 27.8% (in China), 27.8% (in the name of raw materials) and the content column “in the country of origin, meat 27.8% (in the country of China), lutinous rice (in the Republic of Korea), 19.89% (in the country of Jeju), Mediterum (in the Republic of Korea), Mediterum (in the Republic of Korea), and so on.

The argument is asserted.

The origin of "raw materials" of processed agricultural and fishery products is the obligation of a seller of processed agricultural and fishery products under Article 5 (1) of the Act on Origin Labeling of Agricultural and Fishery Products.

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