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(영문) 대전지방법원 서산지원 2020.01.09 2019고정214
농수산물의원산지표시에관한법률위반
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 mutually cafeteria C, which is located in Chungcheongnam-gun 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 or make an indication likely to cause confusion therewith.

Nevertheless, from May 2, 2017 to March 15, 2019, the Defendant received 198.6kg of China's revenue freezing 198.6kg from E located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and used it as the presence fee for the branch of the branch of C, the Defendant managed.

As such, the Defendant, while cooking and selling the medium-Korea imported fireworks, indicated the indication of origin and banner posted inside C as “(mark of origin): Domestic acid” and made a false indication as if he/she used the domestic fireworks, thereby gaining profits from sales of the amount equivalent to KRW 1,489,500 to many unspecified customers.

As a result, the Defendant, after preparing and selling a freezing for imported Chinese products, falsely marked the country of origin as using domestic fireworks.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Application of the statutes requesting cases involving enterprises violating the indication of fishery products origin;

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Fine for Criminal Facts, Articles 14 (2) and 6 (2) 1 of the same Act;

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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