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(영문) 대전지방법원 2019.07.11 2019고정486
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 sells raw ginseng while operating the retail C of the Geumsan-gun B market in Chungcheongnam-gun.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

On October 6, 2018, the Defendant sold ginseng cultivated from the Chungcheongnamnam budget as raw ginseng to D, an Internet shopping mall, and indicated the origin in the product detailed information column as a domestic product. However, on D’s product description, the Defendant indicated that the product name “E” and the product name “E” may be confused with the origin, and sold 0.75kg (62,00 won) to consumers.

Summary of Evidence

1. Defendant's legal statement;

1. A judicial police officer's interrogation protocol of the accused;

1. Application of the Act and subordinate statutes on the closure photographs of Draw ginseng products, photographs at the place of detection of origin, and copies of business registration certificates;

1. Relevant laws concerning criminal facts, and Articles 14 (1) and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment indicated that the Defendant could confuse the place of origin of raw ginseng sold through Internet shopping mall as if he were a gold soldier.

However, according to the above indication, the quantity of raw ginseng sold is less than the quantity.

The defendant recognizes his wrong and reflects his wrong.

The defendant has no history of criminal punishment.

The sentencing conditions, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, including equity with the case precedent similar to the same or similar case, shall be determined as ordered in consideration of the sentencing conditions.

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