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(영문) 대전지방법원 천안지원 2016.10.06 2016고정429
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 in the name of "D" in the Gangnam-gu Seoul Metropolitan City.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not conduct an act of false labeling the country of origin or labeling that may cause confusion as to the country of origin.

Nevertheless, from June 4, 2015 to January 22, 2016, the Defendant purchased 260 km, which was processed from the food in the Yannam-gu, Chungcheongnam-gu, Masan-si, the receipt of which was 1,60 g, 52 g, 3,432,000 won from the food in the Yannam-gu, Germany, and then sold for KRW 8,050 g, 256 g, and then sold for KRW 1,150,00, the origin of the swine machine to 8,050 g, among which 256 g, was displayed as 'domestic acid' and 'import acid (Japan, Spanish, Spanish)', and the remainder of 4 km was also kept in custody in the same way.

As a result, the suspect has purchased Scenicroth processed as German swine and displayed the country of origin of swine as ‘domestic acid' and ‘import acid(Spanish acid, Spanish acid)' while cooking and selling Ssam Spanish, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each description of the details of detection and investigation report (the details of purchase in the old Scenic Sea);

1. Application of the statutes on images of photographic pictures of business places violating the indication of origin;

1. Relevant Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishment for Criminal Facts;

1. Articles 70 (1) 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 of the provisional payment order is to indicate the country of origin where the defendant might be confused, and the quantity of food and drink sold can not be considered as a short-term period. Meanwhile, considering the following factors: the defendant's initial crime and reflects the defendant's age, character and behavior, environment, etc., as well as the various sentencing conditions stated in the argument of the case, the sentence is ordered.

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