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(영문) 전주지방법원 2016.01.28 2015고정989
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 7, 2015, the Defendant is a person who runs a general restaurant business in the name of “C” in the Full-gu Seoul Special Metropolitan City, Busan Special Metropolitan City.

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 April 8, 2015 to June 16, 2015, the Defendant purchased at “E” located in Yansan-gu, Jeonju-si, and at KRW 20km 24,00,00 for Chinese Chinese worship 20km.

The Defendant indicated the origin in the “C” of the Defendant’s management for the above period, and indicated the origin in the country of origin on the country of origin marking, by providing the cabbchi purchased as above. The Defendant indicated the country of origin in the “domestic acid and the cabbchi” as the “domestic acid” and indicated the country of origin falsely.

After that, for the above period, the defendant provided the above 7kg of Korean traditional kimchi to unspecified customers who find the above 7kg of the business, and kept the remaining 13kg of Korean traditional kimchi for the purpose of providing them to customers.

Accordingly, the Defendant committed an act of falsely indicating the country of origin as a person who sells or provides agricultural and fishery products or products processed therefrom after cooking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A statement of the details of detection, a written confirmation of detection, and each investigation report (the investigation of the details of purchase of anti-kim kimchi and the details of violation of anti-kim kimchi);

1. A copy of receipt for transactions of anti-kim kimchi, details of purchase of anti-kim kimchi, one copy of receipt for transactions of anti-kim kimchi, and a copy of business registration certificate;

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

1. Relevant Article 15 of the Act on the Labeling of Origin of Agricultural and Fishery Products and Article 6 (2) 1 of the Act on the elective Labeling of Agricultural and Fishery Products (excluding punishment) concerning facts constituting a crime;

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.

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