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(영문) 광주지방법원 순천지원 2020.04.22 2019고정114
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who prepares, sells, and supplies fishery products in the “C” located in netcheon City B.

A person who establishes and operates a place of business or meal service facilities prescribed by Presidential Decree, among food service business and meal service facilities pursuant to Article 5 (3) of the Act on Origin Labeling of Agricultural and Fishery Products, shall place an indication of origin on agricultural and fishery products or processed agricultural and fishery products prescribed by Presidential Decree, when he/she sells or provides agricultural and fishery products or processed agricultural and fishery products prescribed by Presidential Decree, and no person who prepares and sells agricultural and fishery products or processed agricultural and fishery products under Article 6 (2) of the same Act shall place a false indication of origin or place an indication that is likely

Nevertheless, from January 2, 2018 to January 11, 2019, the Defendant: (a) made 137kg of domestic care in China, which was supplied by the Dispute Settlement Bank D, protruding over 47 times in total, and provided customers for side-con use; and (b) indicated the origin of the country of origin in the restaurant as a domestic origin.

Accordingly, the Defendant expressed the origin in a false manner.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection;

1. Investigation reports (verification of distribution track record of imported fishery products);

1. A report on investigation;

1. Application of Acts and subordinate statutes to a report on investigation (verification of a list of crimes);

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

1. Articles 70 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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