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(영문) 청주지방법원 2016.02.15 2015고단1486
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the operation of the “D cafeteria” in the Chungcheongbuk-gun C and 109.

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.

From May 21, 2013 to July 28, 2015, the Defendant purchased 3,601kg (F 3,075kg, Fin, find, Belgium 526kg, 144kg (Canadian mountain 127kg, l. l. 17kg), 91kg (U.S. 48kg, Spain 31k, Hungary 122k g), 17,490 won in total, of the imported swine and pigs of the Republic of Korea.

From May 21, 2013 to August 6, 2015, the Defendant sold the imported swine scrapers purchased as above at the aforementioned D restaurant to customers, and sold them to customers, with the origin marked on the guide board, approximately 1,800km, approximately 72 km, approximately 45 km, and approximately 67,095,00 won ( approximately 200 cm per person) market price of approximately 9,585 cm for swine scrapers, and kept them for the purpose of selling approximately 13 km, Spain.

Accordingly, the defendant committed an act of falsely indicating the country of origin or making an indication that may cause confusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the details of the detection, evidence and photographs of the detection, and investigation report (specific sales amount);

1. Each written confirmation of the defendant and G preparation;

1. Application of the business registration certificate, business report certificate, and the Acts and subordinate statutes governing the shipment of goods (specific by place of transaction);

1. Relevant Article 15 and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Imprisonment with prison labor for criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (from October to two years) of the recommended punishment (the person who has no special sentencing seal]; and

2. Determination of sentence;

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