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(영문) 부산지방법원 2020.09.17 2020고단2351
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant with the trade name of “C” in Busan Dong-gu B.

A person who intends to sell or provide agricultural products or processed agricultural products after cooking shall not make a false indication of the place of origin or make an indication that may cause confusion as to such products.

1. The Defendant falsely indicated the origin of swine at the above restaurant from January 2, 2019 to January 14, 2020, by stating that the sum of 1,835.75km (the sum of purchase prices of 22,164,653 won) purchased from Company D from January 2, 2019 to January 13, 2020, the Defendant falsely indicated that “the sum of 1,816.75km among the above restaurant customers is KRW 63,768,00,000” on the wall board of the wall of the said restaurant, and indicated that “the Republic of Korea (200g) for the Republic of Korea) for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the Republic of Korea for the said restaurant.

2. On January 2, 2019, from January 14, 2020 to January 14, 2020, the Defendant falsely indicated the origin of the U.S. Soft machine, an agricultural product, “10,000,00 won” on the wall of the restaurant, indicating that the Defendant sold the total of 177.94km (the total purchase price of KRW 6,963,796) purchased from Company D from January 2, 2019 to December 24, 2019, to the above restaurant customers for total of 20,030,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of details of transactions of swine and scrapers);

1. Relevant Articles 14 (1) and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products for criminal facts and the Selection of Punishment (Consideration of Fines, and Consideration of the fact that the same crime will not be repeated after the selection of fines);

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 is to be appropriate in the country of origin of agricultural products.

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