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(영문) 광주지방법원 2018.08.10 2018고정667
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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, the Defendant: (a) prepared and sold the “C” operated by the Defendant located in the Southern-gun B from around December 2, 2017 to March 28, 2018, using the red molds powder in South Korea; (b) prepared and sold the granchi and the bottom granchi using the Chinese red molds powder in China; and (c) indicated the cafeteria’s wall surface on the origin plate of the said cafeteria’s wall as “the red molds powder, domestic acid, and red granchi outside the kimchi”; (d) indicated the place of origin on the cafeteria’s wall, “the country of origin mark-profes, pigs, swine scrap, kimchi, rice, red granchi, and domestic acid,” and made a false indication of the country of origin of the red powder.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of origin verification;

1. Application of 12 copies of photographs of violation scene;

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

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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