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(영문) 대전지방법원 2014.12.04 2014고정1891
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who actually operates a general restaurant in the name of "C" on the Daejeon Pungsung-gu B and the first floor above the ground.

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, from August 22, 2013 to June 6, 2014, the Defendant: (a) mixed 510 km of the U.S. rice with domestic rice and 6:4 percent; (b) prepared a boomed rice with 6:4 percent; and (c) sold and provided rice to customers; and (d) falsely indicated the indication of the origin of rice as “domestic products”.

Summary of Evidence

1. Defendant's legal statement;

1. Details of detection and investigation reports (verification of the details of rice purchase in the United States and the rice purchase in the Republic of Korea);

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

1. Articles 70 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 the defendant who is the primary offender, confessions, and is in depth against the order of provisional payment.

In addition, it is judged that the risk of recidivism is low by changing the origin labeling after the crime.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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