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(영문) 부산지방법원 2017.06.14 2017고정366
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 a general restaurant in the name of “C” in Busan Jung-gu.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall make a false indication of the place of origin or make an indication likely to cause confusion as to such products.

Nevertheless, from May 7, 2016 to July 2, 2016, the Defendant purchased KRW 80 km Kim 92,000 in China through three occasions from E located in Busan Jin-gu, Busan. From September 7, 2016 to 92,00, the Defendant provided Chinese Chinese Pool Kim 77 km as of September 7, 2016 and falsely indicated the origin of Chinese Pochi as a domestic product. At the time of detection, the Defendant kept three km of Chinese Pochi 3 km for sale by the same method.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the scene of violation, photographs, and copies of specifications of transactions;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 and 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines concerning facts constituting a crime;

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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