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(영문) 광주지방법원 2013.06.07 2013고정728
농수산물의원산지표시에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the trade name of Gwangju Mine-gu 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 (including the kinds of dead meat) or make a false indication likely to cause confusion as to such products.

Nevertheless, from May 8, 2012 to January 28, 2013, the Defendant purchased from Gwangju Seo-gu Kim 320 km (10 kg) in total of KRW 8,500 to KRW 310,500 per 10 kg (1 gam) in China from Gwangju Seo-gu, for a total of KRW 8,500 to KRW 310,50,00. From the time of purchase to February 6, 2013, the Defendant changed the origin of kimchi in the Korean Chinese gamba from the above establishment to "domestic gambag: g, : 1,500 g) in Chinese gambag (200 gg) in order to find its business by falsely marking the origin of kimchi in the Korean gambag and New grogag in order to sell it to consumers in the same way as the Korean gambag, 300 g.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of detection, report, confirmation, and evidence photograph;

1. Details of the sale of Korean traditional kimchi;

1. Application of Acts and subordinate statutes to report on investigation (specific amount of violation);

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

1. In order to promote the public interest, such as citizens' trust in food and safety, by inducing the accurate indication of the origin of agricultural and fishery products with reasons for sentencing under Articles 70 and 69(2) of the Criminal Act, the provision that statutory punishment for such violation, such as false indication of the country of origin, shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 100 million won, etc. As such, the act of false indication of the country of origin, like the instant crime, needs to be strictly punished for public interest.

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