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(영문) 대전지방법원 서산지원 2019.08.29 2019고정119
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a mutually cafeteria, "C" in Taean-gun B.

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 May 26, 2018 to March 4, 2019, the Defendant received 351kg of China's income freezing c51k of China from E located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and used it as the presence fee of C's main body and the c's number of fireworks.

The Defendant, by cooking and selling in such a way as to the imported fireworks of China, indicated the indication of origin on “in Korea”, and on the banner posted inside C, indicated as “(in the country of origin indication) fireworks: “in the country of origin indication”, made a false indication as if domestic fireworks were used, thereby obtaining profits from selling 6,825,00 won to many unspecified customers.

As a result, the Defendant sent a false indication of the origin to use domestic fireworks while selling them after putting them in freezing the imported flowers of China.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes requesting cases involving enterprises violating the indication of fishery products origin;

1. Relevant Article on criminal facts and Articles 14 (1) and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (Selection of Fine-type Punishment)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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