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(영문) 의정부지방법원 2017.01.11 2016고단4366
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant under the trade name of “D cafeteria” in Guri-si, Guri-si.

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 a mark likely to cause confusion therewith, and prepare, sell or provide agricultural and fishery products or the processed products thereof with different country of origin mixed with the same agricultural and fishery products or the processed products thereof with different country of origin.

Nevertheless, from February 3, 2016 to September 29, 2016, the Defendant purchased a total of KRW 1,968,150,00 from “F” located in Seongdong-gu in Seoul, for a total of 16 times from “F” and “1,968,150,00,000, such as 180.7kg and 22.5kg of U.S. beef and U.S. beef for the said period, and used the said milch and U.S. beef to put them into domestic acid for the said period. In preparing and selling the said 16,821,00,00 won as well as 16,821,00,000 after mixing the said milch and U.S. beef with Korean acid.

Accordingly, the Defendant made a false indication of origin, and prepared and sold the country of origin mixed with other agricultural and fishery products.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Attachment of milch cattle and the specifications of transactions of U.S. beef);

1. Application of Acts and subordinate statutes to a certified document, on-site evidence photographs, a business report certificate, a summary of purchase details, and a copy of a detailed statement of purchase transactions;

1. Relevant Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 (a false indication of origin), 15 and 6 (2) 3 (a mixed selling of other agricultural and fishery products, the origin of which is different) of the Act on Origin Labeling of Agricultural and Fishery Products and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes all of the Defendant’s mistakes and repents in depth.

There is no past history of criminal punishment until now.

Currently, the country of origin labeling is accurate.

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