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(영문) 광주지방법원 장흥지원 2020.05.14 2020고단7
농수산물의원산지표시에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who sells livestock products (including telecommunications sales) under the trade name of "C" located in Jeonnam-gun, Seoul Special Metropolitan City.

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

Nevertheless, from January 1, 2019 to September 2, 2019, the Defendant indicated in the Internet mail order site approximately 947.5kg ( approximately 61,589,800 won) as Korean good in the indication column of the country of origin of the Internet mail order site, and sold beef products by stating that the name and details of the goods are “fried letter” and “fried letter produced at C located in the D market where the sea is in harmony with U.S. and U.S. and U.S., and thus, it is likely to cause confusion as to the country of origin of beef.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the criminal geographical report, confirmation document, evidence scene photograph, investigation report (verification of the serial number of the livestock products traded in small season), investigation report (sale details of the Internet mail order), and investigation report (specific number of violations quantity);

1. Relevant Article on criminal facts and Articles 14(1) and 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Fine (including the fact that the trust of consumers with respect to the origin of food may be damaged due to the same type of crime as this case, the fact that the defendant recognizes and reflects his/her mistake, the circumstances of the crime, the period and scale of business, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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