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(영문) 수원지방법원 2018.12.13 2018고정1672
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 “C” in Suwon-si B and 102 at Suwon-si.

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, the Defendant from January 31, 2018 to the same year.

7. From the date of August 18, 200 to the above "C" restaurant, to the customers finding the place were provided with approximately KRW 4,977,00 of the market value of the portion of 614, such as jum-kim girs in China, which was prepared in 330 kilograms of Chinese kimchi, and was falsely marked as "domestic products, Chinese products, and Chinese products" in the indication board of origin in the place of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the offender's domicile and investigation report (investigation of transaction details);

1. - A written statement of detection, - a confirmation letter, - evidence photograph, - a statement of the purchase of an anti-kimchi, - a copy of the trading place president, a copy of the business registration certificate, and a copy of the business report

1. Article 14 (1) and Article 6 (2) 1 of the Act on the Origin Labeling of Agricultural and Fishery Products and Selection of fines concerning facts constituting an offense, and Article 14 (1) and 6 (2) 1 of the same Act;

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

1. The crime of this case committed under Article 334(1) of the Criminal Procedure Act with regard to the sentencing of Article 334(1) of the Act on the Aggravated Punishment, etc. of the Provisional Payment Order, is the defendant's trust as to the indication of origin of the processed agricultural products, and thus, the defendant should

However, there are some circumstances to consider the circumstances leading to the crime, and the fact that the defendant was the first offender and the defendant was not to repeat the crime in the future shall be determined as ordered in consideration of all the circumstances.

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