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(영문) 부산지방법원 2018.09.28 2018고정1304
농수산물의원산지표시에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 that mainly prepares and sells the first generation line, the first generation line, the first generation line, etc., with the trade name of “C” in Busan Jung-gu.

1. Violation of the Act on Origin Labeling of Agricultural and Fishery Products: No person who sells or provides agricultural and fishery products labeled as originating or the processed products thereof after cooking shall make a false indication of origin or make a false indication of origin likely to cause confusion therewith;

Nevertheless, at around 17:00 on April 11, 2018, the Defendant: (a) indicated the origin of the “C” as “Korea”; (b) indicated the origin as “Korea”; and (c) indicated the origin on the plate attached to the lower part of the calculation unit despite being cooked and sold the Domini as the Red Sea of Japan, the Defendant falsely indicated the origin as “Korea”.

It is difficult to find out whether the Defendant committed the instant crime due to the anxiety of the consumers living alone due to the radioactive problem caused by the nuclear accident in Japan.

However, in 2014, it is clear that the defendant had been subject to criminal punishment for the violation of the Fishery Resources Management Act and the Food Sanitation Act by selling the illegally captured scraper even after being sentenced to criminal punishment for the violation of the same, and further, it will be improved.

2. Violation of the Food Sanitation Act: No food, etc. for sale of food, the distribution deadline, manufacturing and contents of which are unclear, shall be sold or used for business purposes, unless there is an indication that food and drug safety conforms to the standards determined and publicly notified by the Minister of Food and Drug Safety for national health;

그럼에도 불구하고 피고인은 제 1 항 기재 일시 같은 장소에서 ① 식품의약품안전 처장이 정하여 고시한 기준에 맞는 한글표시 사항이 없어 유통 기한과 제조사, 내용물이 불명확한 일본산 참기름을 판매하는 전복죽과 회 비빔밥에 첨가하고, ② 식품의약품안전 처장이 정하여 고시한 기준에 맞는 한글표시 사항이 없어 유통 기한과 제조사, 내용물이...

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