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(영문) 전주지방법원 2017.09.07 2017고정471
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the task with the trade name of “D” in the former North Korea-gun C.

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

Nevertheless, during the period from September 28, 2016 to December 31, 2016, the Defendant used a mixture of 506,000 U.S./Canadian mountain powder equivalent to the sum of 506,000 won purchased from E at the above control point, and used a total of 300 km powder 300 g and March 1, 2017 to March 13, 2017 to use a mixture of 123,000 won to store 120 g for the above period to “all unspecified customers” with 16 gresponding to store 16 bres, 960 gres, and 540 gresponding to store 40,000 Korean customers with the aggregate of 300 gresponds and 300 gresponding to store 40,006 gresponding to 540 gres.”

“A false indication of origin was made with the indication of origin indicated.”

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report ( acceptance of reports on illegal circulation), investigation report (Submission of details on purchase of foreign smuggling), investigation report (additional report on site photographs at the time of detection), investigation report (additional report on site photographs at the time of detection), and investigation report (specific report on violations);

1. Application of Acts and subordinate statutes on site photographs for detection;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the case where the Defendant made the bread using foreign smuggling, such as the United States, Canada, etc., but the Defendant made the bread using domestic smuggling.

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