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(영문) 대전지방법원 2017.11.10 2017고정1164
농수산물의원산지표시에관한법률위반
Text

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

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 with the trade name “C” in Seo-gu Daejeon (105).

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

Nevertheless, during the period from December 20, 2016 to June 9, 2017, the Defendant purchased from Seo-gu, Seo-gu, Daejeon, the Republic of Korea, and the Republic of Korea from Seo-gu, Seo-gu, Daejeon Kimchi 520km, and offered them to customers, and the Defendant indicated the origin of kimchi as “domestic products” in the origin display board, and sold it to many unspecified customers, thereby making a false indication of origin.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on criminal place and investigation report (verification of details of purchase of commemorative kimchi);

1. Application of Acts and subordinate statutes to photographs taken at places violating origin;

1. Article 14 (1) and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products (excluding punishment) concerning facts constituting an offense and Article 14 (1) and Article 6 (1) 1 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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