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(영문) 광주지방법원 2020.04.28 2020고정242
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates food service business in the name of "C" in Gwangju Northern-gu B.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, from December 201 to January 20, 2020, the Defendant indicated the origin of kimchi as “domestic acid.” From the point of business to the point of origin on January 20, 2019, the Defendant 10km “China Korea” in the 10km of “China Korea” in the 10km of “China” stored as of January 20, 2010, 5k g excluding approximately 5km of “China Korea”, and 5k g g g g , purchased from “H” located in Gwangju Northern-gu, and the total 240km of “China Korea” in the 240k g g g , which was purchased by the above person on the ground of the Kimchi as of January 16, 2019, and 30k g g g excluding the total 9.60k g g g g , 90k g g g g g g ,” among the 24 g g g g g g g g s.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation (specific amount of violation);

1. Data on photographs of the violation site;

1. A distribution track record of imported agricultural products, a specification of transactions of Chinese kimchi, and a statement of transactions of Korean kimchi;

1. Application of statutes to a copy of business registration certificate and a copy of business report certificate;

1. Relevant Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Punishment for Criminal Facts;

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

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the amount of fine prescribed in the summary order cannot be deemed unfair, and the amount of fine shall be maintained as it is, given that the reason for sentencing of the instant case is not reasonable.

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