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(영문) 서울중앙지방법원 2017.03.23 2017고단854
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who conducts a general restaurant business under the trade name of “C”.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false place of origin labeling or place a mark likely to cause confusion as to such products.

Nevertheless, from January 20, 2016 to November 21, 2016, the Defendant: (a) used the above “C” general restaurant located in Jung-gu Seoul Metropolitan Government D; (b) prepared and sold a total of 25,000 persons for sugar 200,000 won using Gansan, a domestically-produced land, 2,584km; and (c) used the same on the display card attached at the entrance of the restaurant.

".........." written on the wall surface, and marked on the wall as "stores (domestic acid)".

Accordingly, the Defendant made a false indication of origin on agricultural and fishery products.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. The application of statutes on the business registration certificate, such as the photographic indicating the origin on the Blog, the details of the purchase of a double-domestic care;

1. Relevant Article 15 and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Imprisonment with prison labor for criminal facts;

1. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] The case where the degree of violation of the law is not heavy, such as (4 months to 1 year) the mitigated area (4 months to 1 year) [special mitigated persons] the combination of things and things not refined, (the decision of sentence] the case where the country of origin is sold in large quantity for a long time, but the defendant is against the recognition of the crime, the fact that the gains acquired by the crime of this case seems to be considerably high, the fact that the defendant did not have any history of punishment for the same crime, the fact that there was no record of punishment for the same crime, and the defendant's age, sex, environment, family relationship, motive and result of the crime.

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