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(영문) 광주지방법원 2017.06.15 2017고정568
농수산물의원산지표시에관한법률위반
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who actually runs food entertainment business with the trade name called "C" in Gwangju North-gu B.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking them pursuant to the Act on Origin Labeling of Agricultural and Fishery Products shall place a false indication of origin or place a mark likely to cause confusion therewith.

Nevertheless, in 42 times from June 24, 2016 to January 17, 2017, the country of origin of kimchi 830kg (10kgs) in China was purchased at KRW 917,000,000 in Chinese Chinese food from the 21st day of admission to the Seo-gu in Gwangju-gu, and was falsely displayed at the bottom of the main market in the new market in Korea (in Korean origin: domestic origin), and the place of business was found to be located until January 19, 2017 to provide customers with meals amounting to KRW 829kg, 91,640,640.

As above, in order to provide meals to customers who find a business by falsely indicating it as a domestic product, the amount equivalent to KRW 0.3km and KRW 360 in China was kept in the counter-convening box in the business place.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the offender's place and on-site evidence photographs;

1. Current status of receipt and payment of C products, and the result of arranging the details of purchase of China-China kimchi;

1. Application of Acts and subordinate statutes to a copy of a business report;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 15 and 6(2)1 of the former Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016); the selection of fines, etc.

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

Until now, the accused has lived faithfully without criminal records.

The defendant is at a disadvantage.

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